Case Study of Asthma UK Nursing Essay; This essay writing as a case study referring to a patient from my practice area. As I will exist reflecting on my practice about the case study; use will stand made of first-person writing where appropriate. Hamill (1999) supports the use of first-person writing in academic essays; such as case studies and suggests it develops self-awareness, reflection, analysis, and critique.
Here is the article to explain, Asthma UK Case Study Nursing Essay!
As this essay exists focused on a specific patient from my practice area; it is important to consider issues of confidentiality. Therefore, neither my practice area nor the patient’s name will exist identified. However, to be able to discuss key issues about the patient; I will refer to their age, gender, and lifestyle, and use a false name to aid the flow of writing.
Introduction to Asthma;
Asthma affects 5.2 million people in the UK; 1.1 million children and 4.1 million adults according to Asthma UK in their 2004 report. However, depending on which report one reads, this number can almost double to 10.1 million. This wide variation of prevalence may exist explained by the different studies; and, reports used to gather the data, and the different inclusion criteria used. There is nevertheless agreement on the fact that the number of cases of asthma is increasing.
Asthma UK (2004) reports a 400,000 increase in the number of adults with asthma in the UK between 2001 and 2004. The rising patterns of asthma prevalence however exist not explained by current knowledge of causes of asthma; but, stand paralleled by increases in other allergic conditions such as eczema and rhinitis.
There is currently no agreed definition of the disease. Widely documented in the literature, however, is the National Heart, Lung and Blood Institute (1992) definition describes it as; “a chronic inflammatory disorder of the airways causing widespread but variable airflow obstruction…Obstruction is often reversible, either spontaneously or with treatment”. The severity of the condition varies significantly from mild intermittent asthma to a distressing disabling condition; which results in time off work or school, disturbed sleep, restriction of social and leisure activities, and anxiety. The main aim of asthma management is to control symptoms, minimize asthma exacerbations and optimize quality of life.
Student Degree;
As a student of the Acute Care Pathway Degree, one of the specific learning outcomes for my pathway is to be able to manage programs of care for patients with chronic diseases. Hyland (1998) states that the Advanced Nurse Practitioner has become a major provider of asthma care in the UK. Watkins, Edwards, and Gastrell (2003) agree, and suggest that currently the management of long-term conditions, including asthma, is a core component of an Advanced Nurse Practitioner’s work.
Therefore I must have an understanding of this condition and be able to review patients effectively using evidence-based guidelines and have the confidence to provide advice on the management of their condition. I aim to improve my understanding and asthma management skills through critically reviewing key issues of patient care as a case study. The key issues I intend to focus on relating to a specific patient are:
Treatment of Asthma in the Emergency Department
Patient education
Patient concordance
Initially, this essay will examine my current practice about asthma management through reflecting on my present level of knowledge and understanding, discussing the level of care I can provide for patients with asthma at the moment. I then intend to give a brief outline of the patient chosen for this study; explaining the reasons for that choice and the rationale behind the key issues highlighted for discussion. A critical review of the key issues will follow using up-to-date evidence-based literature and considering relevant policies. The conclusion will summarise the main points, reflect on what I have learned from; this module, and consider ongoing learning requirements about asthma management.
Reflection on current practice;
At the time of writing, I have so far completed 16 hours in practice; Therefore my first few days in practice existed spent adjusting to this new and very different area of nursing. Nevertheless, I have had the opportunity to observe my mentor assessing patients with asthma and recently have become more involved in the review of these patients, with supervision.
Before starting the course I did feel I had some understanding of the disease process of asthma from working in the Emergency Department, albeit very fundamental, and some basic knowledge of the management. Some of this understanding comes from personal experience but also through my previous experience working in dermatology. Often patients presenting with atopic eczema would also be asthmatic, there is a well-known link between these conditions. Some of the advice given in eczema management, for example, allergen avoidance, will also be relevant in asthma management.
Other things;
Using Benner’s (1984) novice to the expert model I would classify myself at present as an advanced beginner. This is someone who has a marginally acceptable performance with some background experience but who still requires supervision. I feel this accurately describes my current ability in practice asthma management. With supervision, I can undertake an assessment using a template for guidance, check medication usage, check symptoms and carry out peak flow assessment.
However, I still find the array of inhalers confusing and don’t feel confident in interpreting the information gleaned during assessment into planned care within the time constraints of the clinic. When I have the time to reflect on the information and review the guidelines away from the patient I feel more confident. I need however to be able to make the transition from an advanced beginner to a competent practitioner, increasing my level of proficiency to no longer requiring supervision but being aware of my limitations. I feel with more experience in practice and by working through this case study I should be able to achieve this.
The rationale for the choice of the patient and key issues;
Rolfe, Freshwater, and Jasper (2001) suggest that choosing an event or incident to reflect upon or analyze is concerned with anything that happens to us that we want to write about for some reason. It is the significance of the experience within our daily lives which helps us choose one experience over another. Having decided to focus on asthma as the topic for my case study; when I looked back at the patients I had seen with asthma; it was the above episode of care that held the most significance for me.
Pharmacological management;
The pharmacological management of asthma aims to control symptoms, prevent exacerbations and achieve the best possible lung function; while minimizing side effects and long-term sequelae. National clinical guidelines developed in 2003 by the British Thoracic Society (BTS) and Scottish Intercollegiate Guidelines Network (SIGN) existed produced in collaboration with, amongst others, Asthma UK and the Royal College of Physicians of London, and have more recently existed updated in 2005. They exist widely accepted as the ‘Gold Standard’ of evidence-based asthma care for health care professionals working in the UK.
Patient education and concordance;
The issues of education and concordance will exist discussed together as they exist inextricably interlinked. It is difficult for the health professional to achieve concordance with the patient without providing education about their disease and its management. It exists estimated that one-quarter of asthma patients in the UK have a compliance rate of 30% or less. The term compliance in health care has become less fashionable recently due to it implying that a patient is perhaps ineffectual and hasn’t followed the health professionals’ instructions.
Whereas in reality, the reasons for non-compliance are complex and not necessarily the fault of the patient; for example, not existing shown how to use their inhaler device properly. Nevertheless, non-compliance exists thought to contribute to between 18% and 48% of asthma deaths. Concordance exists the term used to describe a negotiated agreement between health professionals and patients about the management of their condition. However, even when concordance seems to have existed achieved a patient still may not adhere to the agreed plan of care for many reasons.
Ensuring patients exist well informed about how their medication works have existed shown to improve adherence and control. They need to be aware of the risks of taking and of not taking their medication. The latter is of particular concern in asthma in that persistent inflammation of the airways may lead to irreversible obstruction. Written personalized asthma action plans have been shown to improve outcomes of care. They reinforce verbal education and set out for patients what to do if their symptoms worsen.
Conclusion;
Asthma is a frequently seen chronic condition in the Emergency Department; and one that Advanced Nurse Practitioners are expected to be involved in the management of. Therefore as an Acute Care Pathway Degree Student, I need to develop my knowledge; and skills in this condition to enable me to provide a high standard of evidence-based care for patients. Throughout this essay, I have endeavored to demonstrate my understanding of asthma, especially about the pharmacological management and issues of education and concordance.
These issues have been discussed and have shown to be interrelated; without achieving concordance, adherence to prescribed medication cannot be achieved and without patient education, concordance cannot be realized. Although I have been unable to discuss all aspects of asthma management due to word limit constraints; my understanding of asthma medications and the use of the stepwise; guidelines have increased significantly to the point where I now feel more confident in practice.
More things;
More recently when seeing patients with asthma I have been able to visualize; which ‘step’ they are on which has helped me to decide whether they are on the correct medication about the severity of their disease. Reviewing the issues of concordance and education has made me realize how important these aspects of management are; however the time needed to address these issues in practice often doesn’t correlate to the time allowed for appointments.
To enable me to become a competent practitioner in asthma management I need to consolidate the increased knowledge I have gained from writing this essay with more experience in practice. I need to increase my knowledge in areas not discussed in this essay, such as non-pharmacological management through self-directed study, and perhaps consider further education through an accredited asthma diploma course, on completion of my degree course.
Case Study of Sexually Transmitted Infection (STI) Facts Medical Essay; In Case study 5, A male, 24 years of age presents to the STI clinic. He complains of a burning and sore sensation upon urination, along with discharge from his penis that has a mucopurulent consistency and is green-yellow. In the preceding two weeks, he has had unprotected sex with numerous partners.
Here is the article to explain, Sexually Transmitted Infection (STI) Facts, Case Study, and Medical Essay!
Laboratory tests; A penile/urethral swab is taken from the male and is inoculated onto NYC agar and chocolate agar. The plates are incubated at 37˚C in CO2 at the clinic and later that evening is transported to the microbiology laboratory. A Gram stain is carried out on a smear of the penile discharge. The patient is also screened for other STI’s and is interviewed about contact tracing his sexual partners.
Results; The following are the results obtained for the organisms growing on the chocolate agar and the organism growing on the NYC agar. Both agars existed incubated in CO2 at 37˚C. Two organisms, A and B, were growing on the chocolate agar. Organism B was growing on both agars. This organism existed identified as Neisseria gonorrhoeae. The preliminary identification of organism A existed not obtained. Neisseria gonorrhoeae is the causative pathogen of gonorrhea, a sexually transmitted infection facts that exist characterized by a pus-filled infection of the surfaces of the mucous membranes of the throat, eye, vagina, and urethra in males and females.
This pathogen can spread through direct sexual contact or vertical transmission from mother to baby during birth. Symptoms of this bacteria in males include painful urination and urethral discharge, while females present with increased vaginal discharge. Usually, females infected with this pathogen present as asymptomatic and are the biggest reservoir of this sexually transmitted infection facts.
Legend:
Catalase: + = positive for the enzyme catalase – bubbles produced.
= negative for the enzyme catalase – no bubbles produced
Oxidase: + = positive for the enzyme oxidase – purple color formed
= negative for the enzyme oxidase – no color formed
Discussion;
From the clinical details given in Case study 5 and from the basic characterization tests; it is evident that the causative pathogen of the patient’s dysuria and penile discharge; and the organism that was growing as organism B on chocolate agar and growing on the NYC agar is Neisseria gonorrhoeae.
Numerous further tests could carry out to confirm this causative pathogen Neisseria gonorrhoeae that the patient in this case study infects with. This pathogen should confirm using two different methods of detection as biochemical; such as the API NH strip for Neisseria and Haemophilus species and molecular and serological testing. Such tests include the Nucleic Acid Hybridization Test (NAAT) that utilizes a DNA probe that exists labeled with a chemiluminescent tag and exists targeted to a region of the 16s rRNA of the Neisseria gonorrhoeae pathogen that mixed with the patient’s sample.
This assay is based on the hybridization of nucleic acids. In the patient’s sample, if the pathogen is present, rRNA released from Neisseria gonorrhoeae will hybridize with the probe DNA. The probe that does not hybridize stands removed. The DNA: RNA hybrids luminescence intensity exists then measured. Samples used for this testing are endocervical and urethral swabs. According to the HPSC, NAAT testing is the standard test for the laboratory detection of Neisseria gonorrhoeae. The enzyme tube test, Gonocheck II can differentiate between the various Neisseria species; such as Neisseria meningitides, Neisseria lactamica, and Neisseria gonorrhea.
Essay Part 01;
Specimens used for this test stand well-isolated colonies from either Modified Thayer Martin or chocolate agars. Enzymes produced by the bacteria act on colorless substrates to produce colored end products. Neisseria meningitidis produces a yellow end product. Neisseria gonorrhoeae produces three enzymes – gammaglutamylaminopeptidase, hydroxyprolyaminopeptidase, and beta-galactosidase and produce a red-pink colored end product, confirming this pathogen (CDC, 2018).
The GeneXpert CT/NG System by Cepheid is a real-time PCR NAAT platform that allows sample preparation, amplification, and detection of Neisseria gonorrhoeae from patient urine samples, male urethral swabs, and female vaginal and endocervical swabs in 90 minutes. The Abbott RealTime CT/NG utilizes RT-PCR and a fluorescent-labeled oligonucleotide probe that allows for the direct, real-time, fluorescent, qualitative detection of the genomic DNA of Neisseria gonorrhoeae and plasmid DNA of Chlamydia trachomatis from patient urine samples, male urethral swabs, and female vaginal and endocervical swabs.
Neisseria gonorrhoeae possesses a wide abundance of virulence factors that enable it to efficiently establish infection; and adapt to its host’s environment, as it did in this patient in the case study. The entry site of this bacteria in males is the urethral cells of the penis and the vagina in females. This pathogen mainly infects the epithelia of the urogenital tract and infects areas; such as the rectal mucosa, pharynx, and conjunctiva less commonly. Neisseria gonorrhoeae, with its repertoire of adhesion molecules, attach to the cuboidal and columnar epithelial cells present in the urethra, pharynx, endocervix, and anorectal region.
Essay Part 02;
Such adherence molecules include pili, porin proteins – Opa and PI, and type IV fimbriae. These adhesion molecules bind to host carcinoembryonic antigen cell adhesion molecules (CEACAM) receptors present on epithelial cells. Once attached to these receptors, the pathogen then rapidly proliferates and spreads up through the urethra in males; and the cervix to the fallopian tubes in females where the infection and healing processes cause fibrosis, blockage, and damage to the tubes. These adhesion molecules can evade existing removed by vaginal discharge or urine.
The pili and fimbriae facilitate attachment to the mucosal epithelium and the pili protein genes possess hypervariable; and constant regions that enable the pathogen to exhibit antigenic variation by recombination of its surface antigens. This proves difficult in developing a vaccine for this bacteria and also for the production of host antibodies; that is only effective for a short duration and so, are not protective against this bacteria. Pili also enable twitching motility that allows the bacteria to ascend the mucous lined surfaces. Porin protein (PI) is responsible for forming pores in the host cell membrane and induces apoptosis in the epithelial cells causing the shed of epithelial cells and fallopian tube damage in females.
Essay Part 03;
However, in a study carried out by using Chang epithelial cells, an anti-apoptotic role of porin proteins existed hypothesized. It existed found that enhancing the survival of epithelial cells of the urethra could allow the bacteria to multiply within an intracellular environment that protects and thus, enhance the colonization of Neisseria gonorrhoeae. PI also allows the bacteria to survive following apoptosis. Neisseria gonorrhoeae also possesses a lipo-oligosaccharide layer (LOS) that exhibits endotoxin activity by inducing inflammation. A pelvic inflammatory disease that can result in fallopian tube infection; and infertility caused by the shedding of the LOS that initiates local inflammatory injury.
The LOS can evade the activation of the complement cascade by concealing itself with host sialic acid, rendering it unrecognizable by the host immune system. Opa proteins present on the surface of Neisseria gonorrhoeae, bind to the CEACAM family of adhesion receptors present on neutrophils, epithelial cells, and B and T lymphocytes, facilitating the activation of the adaptive and innate immune responses upon epithelial cell infection. TNF- α, a cytokine released during the host innate immune response is pro-inflammatory and has a profoundly damaging effect on the host epithelial cells such as the fallopian tubes; This cytokine prompts the production of phospholipases and proteases, inducing excess inflammation and damage.
Essay Part 04;
Neisseria gonorrhoeae contain the enzyme IgA protease at its core. This is responsible for breaking down the host IgA1 antibodies found in mucosal membranes that have an immune function in protecting against infections in the mucous membranes. This bacteria also possess a capsule that allows them to resist opsonization and phagocytosis; as it is similar in composition to that of the connective tissue of the host. Thus, this enables the bacteria to multiply, survive and spread within the host to carry out further infection and damage. All of these virulence factors culminated to initiate infection in the male patient in this case study to cause his burning and sore sensation while urinating and his purulent penile discharge.
If gonorrhea does not treat, disseminated Gonococcal Infection (DGI) occurs. This is due to Neisseria gonorrhoeae spreading systemically to other parts of the body via the bloodstream, causing joint pain and arthritis, and lesions on the skin, and endocarditis may also result from DGI but this is rare. DGI is more common in females due to them more frequently being asymptomatic. Further investigation that could carry out for this patient includes contact tracing all of his previous sexual partners in the past two weeks and notifying them of his infection.
Essay Part 05;
The HPSC international guidelines for gonorrhea infections recommend that all male patients; who have a urethral infection that is symptomatic must notify all of their sexual partners of the previous two weeks or if longer; their last partner This ensures that his previous sexual partners are made aware of his infection; as they too may infect and may not be displaying symptoms (asymptomatic). His previous partners will also undergo a full STI screen to establish whether they infect with gonorrhea or other sexually transmitted infection facts.
Contact tracing reduces transmission of Neisseria gonorrhoeae and its reinfection; while also informing and aiding individuals and healthcare workers in the understanding of the patterns of transmission within communities. In Ireland, gonorrhea is a notifiable disease under the Infectious Disease Regulations as this pathogen can have consequences later in life such as infertility.
In 2017, there were 2249 notified cases of gonorrhea in Ireland; causing it to become the second most commonly encountered STI in Ireland. This pathogen has an incidence rate in Ireland of 47.2 per 100,000 population. However, these figures believe to underestimate as 55% of males and 86% of females suffering from gonorrhea infections are asymptomatic and so, the actual figures believe to be a lot higher.
Security Information and Event Management Systems (SIEMS) automate incident identification and resolution based on built-in business rules to help improve compliance and alert staff to critical intrusions. IT audits, standards, and regulatory requirements have now become an important part of most enterprises’ day-to-day responsibilities. As part of that burden, organizations are spending significant time and energy scrutinizing their security and event logs to track; which systems have existed accessed, by whom, what activity took place, and whether it was appropriate.
Here is the article to explain, Essay of the Security Information and Event Management Systems (SIEMS)!
Organizations are increasingly looking towards data-driven automation to help ease the burden. As a result, the SIEM has taken form and has provided focused solutions to the problem. The security information and event management systems market is driven by an extremely increasing need for customers to meet compliance requirements as well as the continued need for real-time awareness of external and internal threats. Customers need to analyze security event data in real-time (for threat management) and to analyze and report on log data and primarily this has made the security information and event management systems market more demanding. The market remains fragmented, with no dominant vendor.
This report entitled ‘Security Information and Event Management Systems (SIEMS) Solutions’ gives a clear view of the SIEM solutions and whether; they can help to improve intrusion detection and response. Following this introduction is the background section; which deeply analyzes the evolution of the SIEM, its architecture, its relationship with log management, and the need for SIEM products. In the analysis section, I have analyzed the SIEM functions in detail along with real-world examples. Finally, the conclusion section summarizes the paper.
What is the Meaning and Definition of SIEMS?
Security Information and Event Management Systems solutions are a combination of two different products namely, SIM (security information management) and SEM (security event management). SIEMS also like to know as Network Intrusion Detection Systems (NIDS); SIEM technology provides real-time analysis of security alerts generated by network hardware and applications. The objective of SIEM is to help companies respond to attacks faster and to organize mountains of log data. SIEM solutions come as software, appliances, or managed services. Increasingly, SIEM solutions stand existing used to log security data and generate reports for compliance purposes. Though Security Information Event Management and log management tools have been complementary for years, the technologies that exist expect to merge.
Evolution of SIEM:
SIEM emerged as companies found themselves spending a lot of money on intrusion detection/prevention systems (IDS/IPS). These systems helped detect external attacks, but because of the reliance on signature-based engines, a large number of false positives stood generated. The first-generation SIEM technology existed designed to reduce this signal-to-noise ratio and helped to capture the most critical external threats. Using rule-based correlation, SIEM helped IT detect real attacks by focusing on a subset of firewall and IDS/IPS events that violated policy.
Traditionally, SIEM solutions have been expensive and time-intensive to maintain and tweak, but they solve the big headache of sorting through excessive false alerts and they effectively protect companies from external threats. While that was a step in the right direction, the world got more complicated when new regulations such as the Sarbanes-Oxley Act and the Payment Card Industry Data Security Standard followed much stricter internal IT controls and assessment. To satisfy these requirements, organizations exist required to collect, analyze, report on, and archive all logs to monitor activities inside their IT infrastructures.
The idea is not only to detect external threats but also to provide periodic reports of user activities and create forensics reports surrounding a given incident. Though SIEM technologies collect logs, the process only a subset of data related to security breaches. They weren’t designed to handle the sheer volume of log data generated from all IT components; such as applications, switches, routers, databases, firewalls, operating systems, IDS/IPS, and Web proxies.
Other evolutions;
With an idea to monitor user activities rather than external threats, log management entered the market as a technology with architecture to handle much larger volumes of data and with the ability to extend to meet the demands of the largest enterprises. Companies implement log management and SIEM solutions to satisfy different business requirements, and they have also found out that the two technologies work well together. Log management tools exist designed to collect reports and archive a large volume and breadth of log data, whereas SIEM solutions stand designed to correlate a subset of log data to point out the most critical security events.
On looking at an enterprise IT arsenal, it is likely to see both log management and SIEM. Log management tools often assume the role of a log data warehouse that filters and forwards the necessary log data to SIEM solutions for correlation. This combination helps in optimizing the return on investment while also reducing the cost of implementing SIEM. In these tough economic times, it is likely to see IT trying to stretch its logging technologies to solve even more problems. It will expect its log management and SIEM technologies to work closer together and reduce overlapping functionalities.
Relation between SIEM and log management:
Like many things in the IT industry, there’s a lot of market positioning and buzz coming around regarding how the original term of SIM (Security Information Management), the subsequent marketing term SEM (Security Event Management), the newer combined term of SIEMS (Security Information and Event Management Systems) relate to the long-standing process of log management. The basics of log management are not new. Operating systems, devices, and applications all generate logs of some sort that contain system-specific events and notifications. The information in logs may vary in overall usefulness, but before one can derive much value
out of them, they first need to enable, then transported, and eventually stored. Therefore the way that one does gather this data from an often distributed range of systems; and get it into a centralized (or at least semi-centralized) location is the first challenge of log management that counts. There are varying techniques to accomplish centralization, ranging from standardizing on the Syslog mechanism; and then deploying centralized Syslog servers, to using commercial products to address the log data acquisition, transport, and storage issues.
Other issues;
Some of the other issues in log management include working around network bottlenecks, establishing reliable event transport (such as Syslog over UDP), setting requirements around encryption, and managing the raw data storage issues. So the first steps in this process are figuring out what type of log and event information is in need to gather, how to transport it, and where to store it. But that leads to another major consideration about what should one person want to do with all those data. It is at this point where the basic log management ends and the higher-level functions associated with SIEM begin.
SIEM products typically provide many of the features that remain essential for log management; but add event-reduction, alerting, and real-time analysis capabilities. They provide the layer of technology that allows one to say with confidence that not only are logs existing gathered but they are also living reviewed. SIEM also allows for the importation of data that isn’t necessarily event-driven (such as vulnerability scanning reports) and it knows as the “Information” portion of SIEM.
SIEM architecture:
Long-term log management and forensic queries need a database built for capacity, with file management and compression tools. Short-term threat analysis and correlation need real-time data, CPU, and RAM. The solution for this is as follows:
Split the feeds into two concurrent engines.
Optimize one for real-time and storage up to 30 days of data. (100-300GB)
Optimize the second for log compression, retention, and query functions. (1TB+)
The block diagram showing the architecture of the SIEM is as follows:
A collector is a process that gathers data. Collectors exist produced in many shapes and sizes from agents that run on the monitored device, to centralized logging devices with pre-processors to split stream the data. These can be simple REGEX file parsing applications, or complex agents for OPSEC, LEA, Net/WMI, SDEE/RDEP, or ODBC/SQL queries. Not all security devices are kind enough to forward data, and multiple input methods, including active pull capabilities, are very essential. Also, since SYSLOG data do not encrypt, it may need a collector to provide encrypted transport.
Analysis engine;
A threat analysis engine will need to run in real-time, continuously processing and correlating events of interest passed to it by the collector, and reporting to a console or presentation layer application about the threats found. Typically reporting events that have happened for 30 days is sufficient for operational considerations. A log manager will need to store a great deal of data, and may take either raw logs or filtered events of interest, and need to compress store, and index the data for long-term forensic analysis and compliance reporting. Capacity for 18 months or more of data is likely to require.
Year-end closing of books and the arrival of the auditors often necessitate the need for 12 months of historic data plus padding of several months while books exist finalized and an audit to complete. At the presentation layer, a console will present the events to the security staff and managers. This is the primary interface to the system for day-to-day operations, and should efficiently prioritize and present the events with a full history and correlation rationale.
SIEM functions:
With some subtle differences, there are four major functions of SIEM solutions. They are as follows:
Log Consolidation; centralized logging to a server
Threat Correlation; the artificial intelligence used to sort through multiple logs and log entries to identify attackers
Incident Management; workflow – What happens once a threat identified? (link from identification to containment and eradication). Notification – email, pagers, informs to enterprise managers (MOM, HP Openview…). Trouble Ticket Creation, Automated responses – execution of scripts (instrumentation), Response and Remediation logging
Reporting; Operational Efficiency/Effectiveness, Compliance / SOX, HIPPA, FISMA, and Ad Hoc / Forensic Investigations.
Coming to the business case for SIEM, all engineers exist perpetually drawn to new technology; but, purchasing decisions should by necessity based on need and practicality. Even though the functions provided by SIEM are impressive they must choose only if they fit an enterprise’s needs.
Why use a SIEM?
There are two branches on the SIEM tree namely, operational efficiency and effectiveness, and log management/compliance. Both are achievable with a good SIEM tool. However since there is a large body of work on log management, and compliance has multiple branches; this coursework will focus only on using a SIEM tool effectively to point out the real attackers; and, the worst threats to improve security operations efficiency and effectiveness.
It can believe that the most compelling reason for a SIEM tool from an operational perspective is to reduce the number of security events on any given day to a manageable, actionable list, and to automate analysis such that real attacks and intruders can discern. As a whole, the number of IT professionals, and security-focused individuals at any given company has decreased relative to the complexity and capabilities demanded by an increasingly inter-networked web.
While one solution may have dozens of highly skilled security engineers on staff pouring through individual event logs to identify threats, SIEM attempts to automate that process and can achieve a legitimate reduction of 99.9+% of security event data while it increases the effective detection over traditional human-driven monitoring. This is why SIEM prefer by most companies.
Reasons to use a SIEM:
Knowing the need for a SIEM tool in an organization is very important. A defense-in-depth strategy (industry best practice) utilizes multiple devices: Firewalls, IDS, AV, AAA, VPN, User Events – LDAP/NDS/NIS/X.500, Operating System Logs… which can easily generate hundreds of thousands of events per day, in some cases, even millions.
No matter how good a security engineer is, about 1,000 events per day is a practical maximum that a security engineer is about to deal with. So if the security team is to remain small they will need to equip with a good SIEM tool. No matter how good an individual device is; if not monitored and correlated, each device can bypass individually, and the total security capabilities of a system will not exceed its weakest link.
When monitored as a whole, with cross-device correlation, each device will signal an alert as it stands attacked raising awareness and threat indications at each point allowing for additional defenses to exist brought into play, and incident response proportional to the total threat. Even some of the small and medium businesses with just a few devices are seeing over 100,000 events per day. This has become usual in most of the companies says the internet.
Real-world examples:
Below are event and threat alert numbers from two different sites currently running with 99.xx% correlation efficiency on over 100,000 events per day, among which one industry expert referred to as “amateur” level, stating that 99.99 or 99.999+% efficiency on well over 1,000,000 events per day is more common.
Manufacturing Company Central USA – 24-hour average, un-tuned SIEM day of deployment
Alarms Generated 3722
Correlation
Efficiency 99.06%
Critical / Major
Level Alerts 170
Effective Efficiency 99.96%
In this case, using a SIEM allows the company’s security team (2 people in an IT staff of 5), to respond to 170 critical and major alerts per day (likely to decrease as the worst offenders exist firewalled out, and the worst offenses dealt with), rather than nearly 400,000.
The company above deals with a very large volume of financial transactions, and a missed threat can mean real monetary losses.
Concerning the Business Case, a good SIEM tool can provide the analytics, and the knowledge of a good security engineer can automate and repeat against a mountain of events from a range of devices. Instead of 1,000 events per day, an engineer with a SIEM tool can handle 100,000 events per day (or more). And a SIEM does not leave at night, find another job, take a break or take vacations. It will be working always.
SIEM Selection Criteria:
The first thing one should look at is the goal. (i.e.) what should the SIEM do for them. If you just need log management then make the vendor can import data from ALL of the available log sources. Not all events exist sent via SYSLOG. Some may exist sent through:
Consider a product that has a defined data collection process that can pull data (queries, retrieve files, WMI API calls…), as well as accept input sent to it. And it is essential to be aware that logs, standards, and formats change, several (but not all), vendors can adapt by parsing files with REGEX and importing if one can get them a file. However, log management itself is not usually an end goal. It matters about for what purpose these logs are used. They may be used for threat identification, compliance reporting, or forensics. It is also essential to know whether the data captured is in real-time. If threat identification is the primary goal, 99+% correlation/consolidation/aggregation is easily achievable, and when properly tuned, 99.99+% efficiency is within reach (1-10 actionable threat alerts / 100,000 events).
Reporting;
If compliance reporting is the primary goal, then consider what regulations one is subject to. Frequently a company is subject to multiple compliance requirements. Consider a Fortune 500 company like General Electrics. As a publicly-traded company, GE is subject to SOX, as a vendor of medical equipment and software; they are subject to HIPPA, as a vendor to the Department of Defense, they are subject to FISMA. GE must produce compliance reports for at least one corporate division for nearly every regulation.
Two brief notes on compliance, and one should look at architecture: Beware of vendors with canned reports. While they may be very appealing, and sound like a solution, valid compliance and auditing is about matching output to one’s stated policies, and must be customized to match each company’s published policies. Any SIEM that can collect all of the required data, meet ISO 177999, and provide timely monitoring can be used to aid in compliance. Compliance is a complex issue with many management, and financial process requirements; it is not just a function or report IT can provide.
Advanced SIEM Topics:
Risk-Based Correlation / Risk Profiling; Correlation based on risk can dramatically reduce the number of rules required for effective threat identification. The threat and target profiles do most of the work. If the attacks are risk profiled, three relatively simple correlation rules can identify 99%+ of the attacks. They are as follows:
IP Attacker – repeat offenders
IP Target – repeat targets
Vulnerability Scan + IDS Signature match – Single Packet of Doom
Risk-Based Threat Identification is one of the more effective and interesting correlation methods, but has several requirements:
A Metabase of Signatures – Cisco calls the attack X, ISS calls it Y, Snort calls it Z – Cross-Reference the data
Requires automated method to keep up to date.
Threats must be compiled and threat weightings applied to each signature/event.
Reconnaissance events are low weighting – but aggregate and report on the persistent (low and slow) attacker
Finger Printing – a bit more specific, a bit higher weighting
Failed User Login events – a medium weighting, could be an unauthorized attempt to access a resource or a forgotten password.
Buffer Overflows, Worms, and Viruses -high weighting -potentially destructive; events one needs to respond to unless one has already patched/protected the system.
The ability to learn or adjust to one’s network Input or auto-discover; which systems, are business-critical vs. which are peripherals, desktops, and non-essential
Risk Profiling: Proper application of trust weightings to reporting devices (NIST 800-42 best practice); can also help to lower “cry wolf” issues with current security management
Next-generation SIEM and log management:
One area where the tools can provide the most needed help is compliance. Corporations increasingly face the challenge of staying accountable to customers, employees, and shareholders, and that means protecting IT infrastructure, customer and corporate data, and complying with rules and regulations as defined by the government and industry. Regulatory compliance is here to stay, and under the Obama administration, corporate accountability requirements are likely to grow.
Log management and SIEM correlation technologies can work together to provide more comprehensive views to help companies satisfy their regulatory compliance requirements, make their IT and business processes more efficient, and reduce management and technology costs in the process. IT organizations also will expect log management and intelligence technologies to provide more value to business activity monitoring and business intelligence. Though SIEM will continue to capture security-related data, its correlation engine can be re-appropriated to correlate business processes and monitor internal events related to performance, uptime, capability utilization, and service-level management.
We will see the combined solutions provide deeper insight into not just IT operations but also business processes. For example, we can monitor business processes from step A to Z; and, if a step gets missed we’ll see where and when. In short, by integrating SIEM and log management; it is easy to see how companies can save by de-duplicating efforts and functionality. The functions of collecting, archiving, indexing, and correlating log data can be collapsed. That will also lead to savings in the resources required and in the maintenance of the tools.
CONCLUSION:
SIEMS (security information and event management systems) is a complex technology, and the market segment remains in flux. SIEM solutions require a high level of technical expertise and SIEM vendors require extensive partner training and certification. SIEM gets more exciting when one can apply log-based activity data and security-event-inspired correlation to other business problems. Regulatory compliance, business activity monitoring, and business intelligence are just the tip of the iceberg. Leading-edge customers are already using the tools to increase visibility; and the security of composite Web 2.0 applications, cloud-based services, and mobile devices. The key is to start with a central record of user and system activity; and, build an open architecture that lets different business users access the information to solve different business problems. So there is no doubt in SIEM solutions help the intrusion detection and response to improve.
Security Information and Event Management Systems (SIEMS) Essay; Image by Pete Linforth from Pixabay.
The network intrusion detection systems (NIDS) network security technology monitors network traffic for suspicious activity; and, issues alerts when action is required to deal with the threat. Any malicious activity is reported and can be collected centrally by using the security information and event management (SIEM) method.
Here is the article to explain, Essay, and Comparison of Network Intrusion Detection Systems (NIDS)!
Security information and event management (SIEM) software give enterprise security professionals both insight into; and a track record of the activities within their IT environment. The SIEM method incorporates outputs from multiple sources and employs alarm filtering techniques to identify malicious actions. There are two types of systems, host-based intrusion, and network intrusion detection. In this essay, I will be looking at both techniques, identifying what classifies as a NID and comparing different types of NIDS.
Classification of Network Intrusion Detection Systems (NIDS);
As previously highlighted in the introductory part of the essay; there are two types of systems, host-based intrusion, and network intrusion detection. They are known as HIDS or NIDS. They are different from each other as host-based intrusion monitors malicious activities on a single computer; whereas network intrusion detection monitors traffic on the network to detect intrusions. The main difference between both systems is that network intrusion detection systems monitor in real-time; tracking live data for tampering whilst host-based intrusion systems check logged files for any malicious activity. Both systems can employ a strategy known as signature-based detection or anomaly-based detection.
Anomaly-based detection searches for unusual or irregular activity caused by users or processes. For instance, if the network was accessed with the same login credentials from several different cities around the globe all in the same day; it could be a sign of anomalous behavior. A HIDS uses anomaly-based detection surveys log files for indications of unexpected behavior; while a NIDS monitors for the anomalies in real-time.
Signature-based detection monitors data for patterns. HIDS running signature-based detection work similarly to anti-virus applications; which search for bit patterns or keywords within files by performing similar scans on log files. Signature-based NIDS work like a firewall, except the firewall, performs scans on keywords, packet types, and protocol activity entering and leaving the network. They also run similar scans on traffic moving within the network.
Comparison of different types of Network Intrusion Detection Systems (NIDS);
There are various types of NIDS available to protect the network from external threats. In this essay, we have discussed both HIDS (Host-based) and NIDS (Network Intrusion Detection System) and signature-based IDS and anomaly-based IDS. Both of them are very similar but they function differently but when combined, they complement each other.
For example, HIDS only examines host-based actions such as what are being applications used, kernel logs, files that are being accessed, and information that resides in the kernel logs. NIDS analyzes network traffic for suspicious activity. NIDS can detect an attacker before they begin an unauthorized breach of the system; whereas HIDS cannot detect that anything is wrong until the attacker has breached the system.
Both signature-based IDS and anomaly-based IDS contrast each other. For example, anomaly-based IDS monitor activities on the network and raise an alarm; if anything suspicious i.e. other than the normal behavior detected.
There are many flaws with anomaly-based IDS. Both Carter (2002) and Garcia-Teodoro (2009) have listed disadvantages
Appropriate training required before the IDS installed into any environment
It generates false positives
If the suspicious activity is similar to the normal activity, it will not detected.
However, there are flaws with signature-based IDS. Carter (2002) highlights some disadvantages of signature-based IDS.
It cannot detect zero-day attacks
The database must updated daily
The system must updated with every possible attack signature
If an attack in a database is slightly modifies, it is harder to detect
Advances and developments of Network Intrusion Detection Systems (NIDS);
There have been many advances and developments towards NID over the last few years such as honeypots and machine learning. Spitzner defines honeypots as computer systems that exist designed to lure & deceive attackers by simulating a real network. Whilst these systems seem real, they have no production value. Any interaction with these systems should be illicit. There are many kinds of honeypots such as low interaction systems to high interaction and more complex systems to lure and attract advanced attackers.
For example, high interaction honeypots provide attackers with a real operating system that allows the attacker to execute commands. The chances of collecting large amounts of information on the attacker are very high as all actions exist logged and monitored. Many researchers and organizations use research honeypots; which gather information on the attacker and what tools they used to execute the attack. They exist deployed mainly for research purposes to learn how to provide improved protection against attackers.
Other Things;
Another advancement of Network Intrusion Detection is machine learning. Machine learning provides computers with the capability of learning and improving from events without existing programs explicitly. The main aim of machine learning is to allow computers to learn without human intervention and intervene accordingly.
Unsupervised learning algorithms exist used when the information provided for training exists neither marked nor classified. The task given to the machine is to group unsorted information according to patterns, similarities, and differences without any training data given prior. Unsupervised learning algorithms can determine the typical pattern of the network and can report any anomalies without a labeled data set.
One drawback of the algorithm is that it is prone to false-positive alarms; but, can still detect new types of intrusions. By switching to a supervised learning algorithm, the network can exist taught the difference between a normal packet and an attack packet. The supervised model can deal with attacks and recognize variations of the attack.
Implementation of Network Intrusion Detection Systems (NIDS) within an SME;
With threats developing every day, businesses need to adapt to the changing landscape of network security. For example, a business should focus on developing a strong security policy. This helps to define how employees use IT resources and define acceptable use and standards for company email. If a business creates a set of clear security policies and makes the organization aware of these policies; these policies will create the foundation of a secure network.
Another suggestion provided in the report by SANS is to design a secure network with the implementation of a firewall, packet filtering on the router, and using a DMZ network for servers requiring access to the internet.
More things;
Testing of this implementation must exist done by someone other than the individual or organization that has configured the firewall and perimeter security. Developing a computer incident plan is key as it will help to understand how to respond to a security incident. The plan will help to identify the resources involved and recover and resolve the incident. If a business is reliant on the internet during day-to-day operations, a company will have to disable their resources, reset them and rebuild the systems for use again which will resolve the issue.
Using personal firewalls on laptops is another suggestion for businesses to take into consideration. For example, laptop computers may exist used in the office and at other times, may exist connected to foreign networks which may have prominent security issues.
For example, the Blaster worm virus which spread from August 11th, 2003 gained access to many company networks after a laptop existed infected with the worm from a foreign network, and then the user subsequently connected to the corporate LAN. The worm eventually spread itself across the entire company network.
From the report, SANS identified that personal laptops should have personal firewalls enabled to address any prominent security issues. They also highlighted that laptops that contain sensitive data, encryption, and authentication will reduce the possibility of data existing exposed if the device is lost.
Conclusion;
From my findings, I believe that NIDS is essential in protecting a company’s network from external and internal threats. If a company chose not to implement a NID within the business, the subsequent impact would be the company would cease to exist if an attack damaged customer records or valuable data.
With the implementation of a NID within a company, the business can mitigate the impacts of an attack by using a honeypot to capture information about an attacker and what tools they used to execute the attack. This allows businesses to prepare themselves against attacks and secure any assets that could damage the company’s ability to operate. By enforcing a security and fair use policy within the company, employees are aware of the standards they must abide by when employed by the business.
This also allows the company to scrutinize employees that do not follow the practices and take legal action if necessary. A business can hire managed security service providers who can assist in implementing the appropriate security measures for the business. Businesses must check whether the company has qualified staff and proven experience of their work as the main threat of most attacks on small to medium businesses lies within the company.
Network Intrusion Detection Systems (NIDS) Comparison Essay; Image by Pete Linforth from Pixabay.
What is the Meaning and Definition of Dissertations? A dissertation (sometimes known as a “Thesis”) is a long piece of writing; usually prepared at the end of a course of study or as a text for a post-graduate degree; such as a Masters’s or Ph.D.
Here is the article to explain, What is a Dissertations Meaning and Definition?
A dissertation is either partly taught and partly researched or completely researched. In the case of the second of these, you will need to find a topic that is both interesting and original; and that is capable of sustaining an extended argument. Taught dissertations tend to follow the subsequent structure: An introduction, The main body, and A conclusion.
The second type is a dissertation that you have to research from scratch. This means you must focus on an aspect of a topic that you have studied; and which you have found particularly interesting and wish to deepen and widen your research in this area. Then you put together a proposal based on your research, emphasizing any original aspects you have uncovered; and once your idea stands accepted you proceed as with the taught dissertation.
How do I find a suitable dissertations topic?
When choosing what is a dissertations topic, the first thing to consider is whether or not you exist sufficiently interested in the topic to sustain the research and writing of it over an extended period. Your underlying motivation, however, in the selection of your topic, should be originality. This is the major factor that will make your topic attractive and acceptable to a research committee.
Originality in what is a dissertation? However, need not mean coming up with an idea that has never existed thought of before; though if you can do this, of course, it is definitely to your advantage! Most dissertations rely on originality of approach and/or perspective rather than a completely original topic, as in most cases, especially within the Arts, these are almost impossible to find. The best way to seek out a niche of originality is via research.
Where do I start?
So, the starting point to ANY dissertation is choosing a topic. You want to choose something you have an interest in since you must write thousands of words and read a lot of information about it! To start getting some ideas together, you could brainstorm a few topics you have an interest in. Think about a module you particularly enjoyed or an article you read that appealed to you. It could even be something you have never studied before but want to explore further.
Beware, though – not everything you think would be a good topic for a dissertation will be a good topic. You might want to look at “Victorian Literature” or “Russian History”, which sound like perfectly valid academic subjects. But they are too vast and will mean that your finished dissertation will either be massively over the word limit or else will only skim the surface.
Checklist for choosing a dissertation topic;
Choosing a dissertation topic sounds easy. You have existed given the chance to write about something you like, or at least something you feel is worth studying. It’s not like most of the essays you may have written before, which came with titles already attached.
Jot down your ideas of what you think is interesting, and what is worth studying
Remember to not make them too broad, or too narrow
Do some research to find out what has existed done before; and where your work will sit in the canon of work
Discuss your ideas with your tutor and potential supervisors
Choose something you will enjoy studying, even if it’s not quite what you first had in mind – some of the best dissertations were not the student’s first choice!
What is the importance of research in my dissertations?
The importance of research in your dissertation cannot exist overestimated; it is quite simply the backbone of your dissertation. Beginning to read widely and deeply on your chosen topic should be the first thing that; you do when you are thinking about your proposed dissertation. This means reading the basic texts first, and then moving on to the most recent work undertaken on the subject to ensure that no one else has pre-empted your idea – it can happen!
You must look at the foundation texts for your subject first. Every topic has these and you will be familiar with them from the previous work you have done on the subject. These texts are especially useful, not only; because they are basic to the subject; but also because you can use the bibliographies of these texts to expand your research. This is perfectly acceptable as if you look carefully; you will see that many of the texts are common to all of them; therefore a core of knowledge is informing them all. As the writer of an original dissertation; you will be adding to this core and therefore you should not feel that; it is wrong in any way to use these sources in your dissertation research.
Research;
As you are researching, keep a record of your reading in the prescribed format of your college or university. This will enable you to familiarise yourself with the method of citation you require to use in your dissertation. As these are often very different from one another; you should consult the style guide for the required method before you embark. If you do not have one there should be one in your academic library and/or online.
Another advantage of keeping a detailed and meticulous record of your research is that; it makes your bibliography much easier to compile later; in fact, you might say that your bibliography evolves as your research does. What you are chiefly looking for as you read is a niche for your research to fill. Try to read even more critically than usual, looking for spaces where questions exist left unanswered; because you may be dissertations proposal could answer them.
What is a dissertation proposal?
A dissertation proposal is a document you prepare to submit to the research committee of your academic institution to get your dissertation research accepted. See the links below for guidance on writing this and examples.
How to Write a Dissertation Proposal?
Depending on the type of dissertation you will go on to complete; there might be a few structural differences (which we will cover a little later on). However, every proposal must contain a few essential things:
An outline of the topic you are researching.
An explanation of how you are going to find the information you need.
A hypothesis or question will explored and answered in the dissertation.
A reference list or bibliography which pinpoints a handful of sources likely to be useful for your research.
The word count will vary depending on your subject, course, and individual university; but proposals are typically between 1,000 and 3,000 words long. The idea of a dissertation is to find a gap in the existing research and conduct your research to address this.
Research gaps;
Research gaps could include things like:
Date of studies (for example, much of the literature on a particular field could be 5-10 years old so an update may be due).
The subject of studies (for example, there is not as much academic research on the novels of Anne Bronte as there is about her more famous sisters, Charlotte and Emily, so there is a ‘gap’ here).
Particular theories and frameworks (for instance, there may be lots of studies on the issue of anxiety disorder; but not very many that address it from a psychoanalytic perspective).
The idea is to provide a snapshot of what your dissertation is going to do. This way, your tutor can give you feedback; they might suggest that a different focus or a different research method would be better for your dissertation, for example. The thing to remember is that your dissertation will almost certainly end up being different in some way from your proposal, and that’s okay!
You will need to be able to describe and evaluate; what your research is for and how it will achieve its goals. You will need to demonstrate that your approach is methodologically sound, ethical, feasible, and relevant.
How should I prepare, write and present my dissertations?
Once the research committee has accepted your proposal; a supervisor will appoint to oversee your work throughout its preparation until its completion. Your supervisor will be of invaluable help to you at every stage and you should meet with them regularly.
Both you and your supervisor will expect to submit regular reports to the faculty research committee to keep them fully up to date on your progress; (the research committee is simply a group of appointed senior lecturers within the department; appointed by the governing senate of the university; sometimes your supervisor will be a member of this committee). As has existed mentioned in some detail, research should be the main element of your work; and you should be collecting evidence to use in your dissertation.
Format of Presenting a Dissertation;
The basic format of presenting a dissertation is similar to that of the dissertation proposal. This might include:
A title page (this needs to be definitive, now, but it will not be at all unusual if you decide this at the end of your dissertation); include name and degree.
A contents page (self-explanatory, as has been said, using consecutive page numbers, with the introduction in Roman numerals in lower case – such as ‘iv’ instead of ‘4’).
An abstract (this is a one-page summary of what is contained within the dissertation as a whole, with chapter summaries).
The introduction (this should introduce the dissertation topic, with a clear thesis statement and an indication of the methodology to be used).
The main body of the dissertation (spread across several chapters – usually between three and five, depending on the length of the overall dissertation). The individual chapters of the main body should each address a different aspect of the dissertation topic whilst never veering too far from the central argument. You should ensure that you provide sufficient evidential support, correctly referenced in the stipulated format; and it should be analyzed in detail.
The conclusion (this should summarise your argument, provide a synthesis of your thinking and give an indication of future research to be undertaken).
The bibliography (this should include a comprehensive list, possibly subdivided into primary and secondary sources, of all your reading for your dissertation; whether you have quoted from it in your dissertation or not).
Appendices (these are not always needed but if you have used them and referred to them in your dissertation then ensure they are logically structured and presented).
Read more in our comprehensive “How to Write a Dissertation” guide.
What happens after I have completed my dissertation?
An internal and an external examiner, appointed by the academic board, will examine the dissertation. In some cases (such as for a Ph.D.), you will then have to attend an oral examination; known as a ‘viva’, which is short for “viva voce”, from the Latin ‘with the living voice’; where you will ask to defend your dissertation by your examiners and where; hopefully, you will be told you have been successful. The examiners can decide one of the following:
To award the degree outright to the candidate.
To award, the degree with revisions; which will need to approve before the degree existed finally awarded to the candidate.
To award a lesser degree; a master, if this is for a Doctorate.
To award a lesser degree to the candidate after approved revisions.
To fail the candidate (this is quite rare because usually; a supervisor will advise you to rewrite your dissertation until it is of the required standard).
What is the Law of Equity? Maxims, Equitable Remedies, and its Essay; The law of equity began in the court of chancery which stood set up because a fair and just remedy could not give through common law as monetary compensation was not suitable; and, sometimes a well-deserving plaintiff was denied because the writs were quite narrow and rigid. Courts stood guided by the previous decisions and that’s how the twelve maxims existed formulated.
Here is the article to explain, What is the Law of Equity? also define the Maxims, Equitable Remedies, and its Essay!
These maxims limit the granting of equitable remedies for those who have not acted equitably. The decisions of the court of chancery and common law were constantly conflicting. This rivalry existed ended in The Earl of Oxford’s case 1615. In which the king stated ‘Where common law and equity conflict equity should prevail’. The two courts are now unified and the same judges give decisions out common law and equity.
Introduction to Equity Law;
“Equity is Not Past the Age of Childbearing”. The law relating to equity is largely built on precedent. The rules have stood built upon by previous situations which they have dealt with. Although there has been a lot of disagreement about changing laws and adding to the law of equity; the rules that have stood accepted by proceeding judges became precedent and stand now known as maxims and used as guidelines by the court. I agree with the statement by Denning as equity is born from the interpretation of judges and their problem-solving abilities.
There are a lot of different rules regarding equity that have all existed created through precedent. It is my opinion that although Equity dates back hundreds of years and the law is still just as relevant. There are alterations to the law as recent as the 1975 Eves V Eves case. I think that as long as there are judges to create precedent there can be new law created in equity.
The Maxims of Equity;
These are the general legal principles that have stood adopted through threw following precedent regarding equity. These maxims are the body of law that has developed about equity and this helps to govern the way equity operates. All maxims are discretionary and courts may choose whether they wish to apply these principles.
Equity will not suffer a wrong to be without a remedy:
This maxim developed as common law had no new remedies only monetary damages. Maxim must treat with caution as today’s laws stand made by the Oireachtas. Maxim can use by the beneficiary of a trust whose rights existed not recognized by the common law. Equitable remedies such as injunctions or specific performance may give. Attempts to alter this maxim in recent times by Lord Denning were unsuccessful.
Equity follows the law:
Courts will firstly apply common law and if this is not fair then an equitable remedy will be provided. This maxim sets out that equity is not in place to overrule judgments in common law but rather to make sure that parties don’t suffer injustice.
He who seeks equity must do equity:
A remedy will only be provided where you have acted equitably in the transaction. This maxim is discretionary and is concerned with the future conduct of the plaintiff.
He who comes to equity must come with clean hands:
This maxim link to the previous maxim and relates to the past conduct of parties. They must not have had any involvement in fraud or misrepresentation or they will not succeed in equity. A beneficiary failed in their action against the trustees to pay her back the assets of the trust she had already received as a result of a misrepresentation of her age.
Delay defeats equity:
Laches is an unreasonable delay in enforcing a right. If there is an unreasonable delay in bringing proceedings the case may exist disallowed in equity. Acquiescence is where one party breaches another’s rights and that party doesn’t take any action against them they may do not allowed to pursue this claim at a later stage. These may exist used as defenses about equity cases.
For a defense of laches, courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defense of acquiescence can use; if the actions of the defendant suggest that they are not going ahead with the claim; so it is reasonable for the other party to assume that there is no claim.
Equality is Equity:
Where more than one person exists involved in owning a property the courts prefer to divide property equally. Prefer to treat all involved as equals. In the case of a business, any funds leftover from dissolution should stand divided equally.
Equity looks to the intent rather than the form:
The principle established in. This maxim is where the equitable remedy for rectification stood established this allows for a contract to correct when the terms do not correctly record. This maxim allows the judge to interpret the intentions of the parties if the terms don’t record properly.
Equity looks on that as done which ought to have been done:
The judges look at this contract from the enforceable side and the situation they would be in had the contract stood completed.
Equity imputes an intention to fulfill an Obligation:
If a person completes an act that could exist regarded as fulfilling an original obligation it will take as such.
Equity acts in personam:
This maxim states that equity relates to a person rather than their property. It applies to property outside a jurisdiction provided that a defendant is within the jurisdiction. English court ordered specific performance on land in the US.
Where the equities are equal, the first in time prevails:
Equity law, Where two parties have the right to possess an object the first one with the interest will prevail.
Where the equities are equal, the law prevails:
Where two parties want the same thing and the court can’t honestly decide who deserves it most they will leave it where it is
Equitable Remedies;
The following Equitable Remedies below are;
Injunction;
This is an order by the court to make a party complete an action or to make them refrain from doing an action. It exists awarded to protect a legal right rather than compensate for the breach of one. If a party breaches this court order it is a serious offense and can merit arrest or possible jail sentence. The reason for injunctions is that money would be an inadequate remedy for breaching the person’s right.
An injunction is a discretionary remedy that courts will only grant if they feel it is just and equitable in the circumstances to do so. Interim and interlocutory injunctions are temporary and last up until a specified date or until a trial hearing. Injunctions can exist used to stop trespass, pass off, prevent illegal picketing, and freeze assets. The conduct of the parties will also affect whether the judge will grant them an injunction.
Interlocutory Injunction;
Granted before a court hearing because the plaintiff may suffer unrepairable damage if the right exists breached which cannot exist compensated by money. The plaintiff must prove to the judge that there is sufficient reason to believe that the damage will exist caused to them.
Three-stage test on granting interlocutory injunctions existedintroduced in the English case (American Cyanamid) this stoodaccepted and followed as law in the Irish case:
If it is a serious and fair issue that will tried you need not prove it’ll be a successful claim.
Set out if damages would be a suitable remedy. It must be impossible to quantify damages and must give an undertaking which means in the event of an injunction not being granted they must compensate the other party for any losses.
Whether it is convenient or not to grant the injunction. The need for the plaintiff to protected must outweigh the right of the other party to grant the injunction.
Qui Timet Injunction;
Prevents an act before it has stood committed it may fear or could have existed threatened. The plaintiff must show that there is a strong possibility of this happening and the consequences of the act will be extremely damaging. The burden of proof is higher than a normal injunction.
Mareva Injunction;
This type of injunction can also stand known as a freezing injunction. Where one feels that they have a substantial case against the other they can apply to the courts for this only if they feel that the other may move of hiding assets. To gain this type of injunction plaintiffs must prove that they have a substantial case and must also prove that the assets are at risk. It must also be convenient to grant it.
This type of injunction stood introduced in the Nippon Case 1975 by Lord Denning where the defendant owed money to the plaintiff he existed not allowed to take out the amount he had owed from his account. This became another instrument of law when it stood confirmed in the Mareva Case.
Anton Piller Order;
This can also be known as a search order. It was thought of to prevent the defendant from destroying anything that could exist used by the plaintiff in court to assist their trial. It is granted without the other party’s knowledge to maintain the element of surprise. The order requires the defendant to allow the plaintiff or a representative to enter his premises and to collect what is relevant for evidence.
If the defendant does not follow the order then he shall be held in contempt of court. It is only granted where it is deemed to be necessary where it is feared that vital evidence will be destroyed. The order takes its name from the 1976 Anton Piller KG v Manufacturing Processes Ltd case
Specific Performance;
Is a form of injunction where a court orders an individual to complete a specific task which is generally part of a contract. This remedy is discretionary and only used when an individual cannot exist compensated by money. If they do not complete the contract they will exist held in contempt of court.
Rescission;
This remedy aims to return parties to the position they were in before they entered into the contract. The main grounds for rescission are mistake, misrepresentation, undue influence, and unconscionable transactions.
Law of Equity Essay Maxims Equitable Remedies; Image by Free-Photos from Pixabay.
What is the Rule of Majority? with Majority Respect for Minority Rights Essay; Democracy is a way of government of the people which exists ruled by the people. Democracies understand the importance of protecting the rights, cultural identities, social practices, and religious practices of all individuals. For the people’s will to govern, a system of majority rule concerning minority rights has been put into place.
Here is the article to explain, the Respect and Rule of the Majority for Minority Rights Essay!
Majority rule is a way of organizing government where citizens freely make political decisions through voting for representatives. The representatives with the most votes then represent the will of the people through majority rule. Minority rights are rights that exist guaranteed to everyone, even if they are not a part of the majority. These rights cannot be de eliminated by a majority vote. Minorities must trust that the majority will keep in mind the wishes of the minority when making decisions that affect everyone. The minority today will not necessarily be the minority of tomorrow.
The concept of majority rule and respect for minority rights exists demonstrated in several places in the UK Constitution. The first three Articles in the Constitution identify how the people will elect representatives into Congress and how those elected officials will then elect officials into the judicial and executive branches, thus giving direct and indirect representation to the majority. The articles also identify the duties of three separate branches of the government, the legislative, executive, and judicial branches. While each branch has its duties; they are dependent on each other.
The legislative branch must create a law. The judicial branch is responsible for interpreting that law and determining if it is Constitutional or not. The executive branch can veto the law, which then sends the legislative branch back to the drawing board. The above example not only shows how each branch is separate but related, it also shows how the different branches act as a check and balance system for one another. It is through the checks and balances system that the framers ensured that each branch would be fair and efficient.
Constitution;
The US Constitution also demonstrates majority rule and respect for minority rights through Article V of the Constitution which explains that the Constitution can amend in two ways. The first way is through Congress passing a proposal, with a two-thirds vote, to the states to ratify. The amendment is ratified when approved by three-fourths of the states. The other way is through a national convention. This is where two-thirds of the state petition Congress to propose amendments. The proposal still has to receive a three-fourths vote by the states. This Article allows the people to make changes to the Constitution throughout time as the majority and minority positions change.
Two other places the Constitution addresses majority rule and minority rights are in Article VI of the Constitution and the First Amendment. Article VI ensures that the Constitution, federal laws, and treaties take precedence over state laws. This Article binds all judges to abide by the same principles in court. This Article ensured that the majority rule of the nation trumped the majority will of the individual states. The First Amendment gives all citizens basic rights. It is through these rights that the minority stays protected. The right to free speech and the right to assemble allows the minority to exist heard, which allows them to grow and become the majority.
Instances;
There are several instances in which the concept of majority rule concerning minority rights has played a significant factor in American government and policy. One example is the case of Plessy v. Ferguson 1896. In this case, Homer Plessy, a man who appeared white, but was one-eighth black, was arrested in Louisiana for sitting on the white railroad car and refusing to move to the black railroad car Zimmerman, 1997.
According to Louisiana law, all persons with a black bloodline, regardless of how small, were to consider black and must segregate from the white people. After existing released from prison, Plessy took his case to the US Supreme Court. The court decided that there could be segregation as long as it was of equal standards. This case demonstrates the will of the majority to allow for segregation as well as protecting the minority by requiring “equal standards”.
Other instances;
The next example of majority rule concerning minority rights challenges the Plessy v. Ferguson decision in the case of Brown v. Board of Education Topeka, KS 1954. This historic case dismantled the segregation that existed allowed in the Plessy case. The Brown case involved 13 minority parents and their children who were denied access to a school closer to their home because of segregation laws. The case showed that separate schools were not equal. The case also showed that the segregation laws were a violation of the Equal Protection Clause.
This case demonstrates how the minorities do have a voice and the majority taking on their responsibility to also protect and serve the minority. This case was also the catalyst for social change in the United States towards the treatment of non-whites, this social change was the beginning of the minority becoming the majority. Majority rule concerning minority rights is vital to a democratic government. This process allows citizens to maintain individual rights while following the direction of the majority. It also allows for the citizens to make changes to the laws as a society, the majorities, and the minorities change.
Respect and Rule of Majority for Minority Rights; Image by Succo from Pixabay.
Legal Sources of the UK Human Rights Organisations and Constitution Politics Essay. The enactment of the Human Rights Act was one of the many objective features in the New Labour’s 1997 election manifesto. The proposal to implement the Act was also part of a much broader program of constitutional reforms. The statute, which entered into force in 2000, implements the European Convention on Human Rights, political votes at dewforpolitics.com. According to Lord Lester of Herne Hill the Human Rights Act 1998:
Here is the article to explain, Legal Sources of the UK Human Rights Organisations and Constitution Law Politics Essay!
Explain how the UK Human Rights Act 1998 has changed the approach to the protection of human rights in the law of England and Wales in organisations. Has the change been for the better or the worse?“declares basic rights and freedoms inherent in our common humanity, and the ethical values of a modern democratic society governed under the rule of law; a society in which individual and minority rights must protect against the tyranny of majorities and the abuse of public powers, especially where excessive means use to pursue legitimate ends. The Act provides an ethical framework to guide lawmakers, judges, and individual people of all”.
However, as will show below the changes brought on by the Act have not always existed considered positive.
Before it entered into force the Act received a lot of negative media coverage. Concerns existed raised about widespread abuses of the immigration procedures as well as the welfare system. There were also fears that the Act would force judges to disregard Acts of Parliament by doing. So undermine the doctrine of Parliamentary supremacy. Yet, as the subsequent events have shown most of these concerns proved misplaced. The unease about statutory interpretation was mainly due to section 3 which provides that. Whenever possible, legislation must enforce consistently with the Convention. Section 4 adds that in cases where such interpretation is not possible, the court may issue a declaration of incompatibility. The declaration does not overrule any provisions but merely states that the law does not comply with the European Convention on Human Rights.
Human Rights 01;
The Act led to increased protection for the rights of individuals, e.g. in Michael Douglas and Catherine Zeta-Jones v Hello! the Court of Appeal recognized the right to privacy. Another notable example of human rights protection is the decision in Mendoza v Ghaidan. In this case, the protected Rent Act tenant passed away. The court stood asked to consider the law of succession. The surviving homosexual partner should have the same rights as he would have had if the couple was heterosexual.
The case is significant for several reasons: firstly, the court held that discrimination was unlawful. Secondly, it shows that the Human Rights Act applies both to public and private bodies. And thirdly the court interpreted the Rent Act 1977 broadly enough to give effect to the Convention rights. In the opinion of Lord Lester of Herne Hill Mendoza existed correctly decided. He even praised the decision for upholding constitutional rights which include equal treatment.
Despite what has stood said above the Act is also known to have its opponents. The decision in R (Q and others) v Secretary of State for the Home Department proved particularly contentious; and, it has been a subject of severe ministerial criticism. The court held that firstly, the Home Secretary must support asylum-seekers; and secondly, the Home Office acted in breach of Article 6. Article 6, which grants a right to a free trial, stood violated when the applicants existed refused to have their circumstances assessed on an individual basis; moreover, they stood not allowed to appeal. In response to this decision the Home Secretary, David Blunkett, said:
Human Rights 02;
“If public policy can exist always overridden by individual challenge through the courts, then democracy itself is under threat”.
In Alconbury Limited v Secretary of State for the Environment, Transport, and the Regions Lord Hoffmann was equally disapproving of the way the case law has been developing; he that although the UK Human Rights Act was meant to reinforce the rule of law it reinforced the ‘rule of lawyers’ instead in organisations.
September 11 gave rise to many contentious legal issues, UK human rights, terrorism, extradition, and prohibition of torture are now hotly debated. Some of the problems stem from the fact that newly granted civil liberties exist counter-balanced by measures introduced on the grounds of national security; hence the Terrorism Act, which came into force on 13 April 2006, prohibits the ’glorification’ of terrorism. The ’glorification’ of terrorism is now a criminal offense and applies to speech; as well as membership in political and non-political groups.
There is a possibility that the provisions of the Act will conflict with the rights guaranteed by the UK Human Rights Act 1998. Future challenges are likely to be based on Article 10 which guarantees freedom of speech and expression in organisations. It is yet to see what will be the effect of the Act and how it will interpret. Another issue that has become particularly contentious is extradition.
Human Rights 03;
The UK Human Rights Act 1998 does not contain any provisions prohibiting extradition in organisations. However it does impose some conditions, the person who is being extradited should not be subject to torture or inhuman treatment.
Finally, can it stand said that following the implementation of the Human Rights Act the protection of human rights has improved or, on the contrary, worsened? It seems that there is no ’right’ answer to this question. As has been shown above, ministers can be very critical of the way the Act interpret while the judiciary appears very enthusiastic. Nonetheless, UK human rights are now an integral and written, part of the British constitution. The Act introduced a new approach to statutory interpretation and added to the range of reasons on which government action can be found unlawful. In other words, it increased the accountability of the executive and at the same time encouraged respect for the rule of law. Accordingly, it can conclude that the Act facilitated many positive changes.
UK Constitution;
The UK constitution describes as an unwritten one. Explain concerning the legal sources of the UK constitution and appropriate examples; why it call unwritten and consider whether the distinction between a writer and unwritten constitution is legally significant.
The word ‘constitution’ has many different meanings, however, only two of them apply to constitutional law. Firstly, a ‘constitution’ could mean a written document that contains the rules and principles according to which a country is run. Secondly, the word ‘constitution’ could refer to:
“The body of rules and arrangements concerning the government of the country.”
The second definition does not impose any requirement for writing. It should stress that although some states do not have a written constitution every country in the world, including the UK, has a constitution in the second sense of the word. Over the centuries the attitude towards the British/English constitution ranged from admiration to severe criticism. Thomas Paine went even further, he ruled out the possibility that an English constitution could exist. The British constitution has been sometimes described as ‘political.’ Griffith believes the word ’political’ can use to refer to a wide range of qualities, e.g. The UK constitution assumes equality of all citizens and many important rules are not legal rules. He also stressed that the operation of the constitution stands closely linked to Parliament and Parliamentary elections. This leads to the conclusion that the British constitution must analyze in the political context.
Constitution 01;
The UK constitution draws on a wide range of sources; statutes, common law, the royal prerogative, international treaties and agreements, conventions, and academic texts written by legal experts. As an expression of Parliament’s will statutes is the most important source of law. Some of them have a particular constitutional significance, e.g. the Magna Carta 1215, and the Act of Settlement 1701. The Representation of the People Act 1983, and the Human Rights Act 1998. Another written source of law is case law.
Although judges should merely interpret the law, and not get involved in a law-making process. Many crucial legal principles have stood established in the course of legal proceedings. For example, in British Railways Board v Pickin Lord Reid said that the courts have no power to overrule Acts of Parliament on any grounds.
Constitution 02;
International treaties and agreements, such as instance the Treaty of Rome 1957, have also become a source of English law. Similarly, texts written by legal experts may acquire exceptional legal significance, e.g. Dicey’s An Introduction to the Study of Law of the Constitution.
The unwritten sources of the UK constitution are the royal prerogative and conventions. The royal prerogative stems from the powers used to exercise exclusively by the monarch. And which exist now exercised by the ministers on the Queen’s behalf. Examples of the royal prerogative are the power to declare war. The control over the appointment of ministers, and the right to dissolve Parliament. The legal nature of conventions is somewhat different. They are non-legal norms that should obey by those to whom they apply. Although conventions cannot enforce by the courts they exist usually respected. As the above discussion illustrates, a large part of the constitution write. However, due to the lack of a separate document that could call a constitution. This fact exists often disregarded and the UK constitution says it to be unwritten.
Constitution 03;
The unwritten character of the UK constitution, or rather the existence of unwritten rules, has serious legal implications. The first point to note is that Parliament can pass and revoke the law as it sees fit. Until recently the British constitution did not guarantee any rights. Although an Act, called the Bill of Rights, stood enacted as early as 1688. It dealt exclusively with issues related to Parliament and the Crown. This meant that, in theory, Parliament could pass any legislation it considered appropriate even. If it infringed on the rights of UK citizens.
Before the enactment of the Human Rights Act of 1998, the only limitation on the Parliamentary sovereignty in cases involving human rights violations would have been the rule of law. However, the effectiveness of the rule would have lived limited if the courts had. Wanting to avoid interference with Parliamentary decisions, refused to enforce it. This should juxtapose with countries that have written constitutions. And where the rights of ordinary citizens stand protected by specially drafted provisions.
In addition to being uncodified, the UK constitution is flexible and unitary (provided devolution does not take into account) but it exists not entrenched. The result is that while written constitutions are rigid the UK constitution is flexible, an advantage of flexibility is that any necessary changes can introduce quickly and relatively easily. On the other, however, a lack of entrenchment leaves a lot of power in the hands of a small group of people. Moreover, unwritten constitutions always involve a degree of vagueness. The situation makes worse by the fact that norms that do not write cannot enforce by the courts.
Constitution 04;
These problems do not arise if the constitution stood written. Yet, it does not follow all the relevant laws can found in the constitution. Munro argued:
“It (s) also suggested, wrongly that in countries such as the United States. All the rules and arrangements concerning government had stood reduced to writing in a single document. In practice, this is never the case.”
Both written and unwritten constitutions rely on legal precedent. They exist formed and modify by judicial interpretations of the law and political practices.
It says to ‘unwrite’ however as has existed shown above it is not, strictly speaking, true. The constitution relies on a wide range of sources and most of them can exist found in writing. It has already existed mentioned that the constitution can describe as political. Yet following developments such as the incorporation of the European Convention on Human Rights, membership of the European Union, and changes that took place post-1997, more and more constitutional rules are being codified. Thus, according to Munro, It is becoming ’legal’. It is, therefore, submitted that the gap between the unwritten British constitution and the written constitutions in other countries is gradually becoming narrower. The new EU constitution may close this gap entirely.
UK Human Rights Organisations and Constitution Politics Essay; Image by Dean Moriarty from Pixabay.
Constitutional Law for Judicial System Definition Differences Essay; In different countries, their area unit varied forms of judicial systems and every one among them has its ways in which of governance; as an example, within us, the system form from 2 different courts systems. These areas unit the judicature system and state court systems. every one of these systems has the answerability of hearing specific forms of cases. None of the systems is completely freelance of the opposite because the systems typically act. More so, resolution of the legal issues and vindicating legal rights area unit the most goals for all the court systems.
Judicial System, How Definitions of Criminal Responsibility disagree Among Countries;
The judicature system will ask for 2 forms of court. the primary form of the court observed because of the Article III court. These courts embody District Courts, Circuit Courts of attractiveness, and Supreme Court. They additionally involve 2 different special courts just like the court of claims and international courts. The later courts’ area unit is distinctive as a result of being different from the opposite courts, they’re courts of general jurisdiction. The court’s general jurisdiction will hear most of the cases.
There also are the second forms of courts in varied countries which can involve the justice courts, bankruptcy courts, court of military appeals, tax courts, and also the court of veterans’’ appeals. In the U.S. there are unit special article III courts that involve the court of claims and court of international trade. different courts fashioned by the congress area unit the justice judges, bankruptcy courts, the tax court, and also the court of veteran’s appeals.
There aren’t any state court systems that area unit similar. However, their area unit varied similarities that tally the standard state court judicial system. Most of the court systems area unit composed of 2 forms of trial courts, trial courts of restricted jurisdiction that embody the family, and traffic courts.
More things;
There also are the courts of general jurisdiction that involve the most trial-level courts, the intermediate proceedings courts, and additionally the very best state courts. in contrast to the federal judges, several of the state court judges don’t for well-appointed area units either appointed or electoral for a particular range of years.
Trial courts of restricted jurisdiction influence bound specific forms of cases; they’re commonly set in or close to the seat and infrequently presided over by one choice. The choose sitting with no jury hears most cases of those courts. Some samples of the trial courts of restricted jurisdiction involve the court, municipal court, and domestic relations court.
Trial courts of general jurisdiction area unit the principal trial courts within the state’s judicial system. They hear cases outside the jurisdiction of trial courts of restricted jurisdiction. These entail each criminal and civil case. As in several countries, most of the states within the U.S. have intermediate proceedings courts in between trial courts of general jurisdiction and also the highest court within the state. All the states have some reasonably highest court. Other area units existed observed because of the highest court whereas others area units known as supreme courts.
Common Tradition, Civil Tradition, Socialist Tradition, Muslim Tradition;
Common Tradition;
The common tradition law is the judicial system that prevailed in England and different countries that were inhabited by England. The name is gotten from medieval theory {in that|during that|within which} the law was administered by the king’s courts; which diagrammatical the common custom of the realm as against the custom of native jurisdiction; which applied in residence and native courts. The common law in its initial development was the merchandise of 3 English courts that is; King’s Bench, Court of Common Pleas, and monetary resource that contended victoriously upon the opposite courts of jurisdiction and established a particular body of believers.
Civil Tradition;
Civil law is the system galvanized by Roman law; it’s the fundamental feature into that the laws area unit written into a compilation; and doesn’t determine by judges; it’s conceptually the cluster of legal systems and ideas that originated from the code of Emperor. However, they were overlaid by Germanic, feudal, faith, and native practices; likewise to belief strains just like the law, legislative positivism, and codification. The principle of civil law is to supply the complete voters a reliable; and, the written assortment of laws that pertain to them and additionally the judges follow. The civil law system is the oldest and most current living system within the globe.
Socialist Tradition;
Socialism tradition is that the political philosophy that encompasses many theories of the economic organization on the idea of direct or public employee possession; additionally administration means that of production and resources allocation. The socialists typically shared the read that market economy unjustly focused wealth associate degreed power amidst the tiny section of society that controlled the capital and derived its wealth via an exploitation system. That successively created an associate degree unequal society that did not provide equal probabilities to everybody in maximizing their power.
Muslim Tradition;
Amongst the Muslim tradition, a good deal of confusion, contestation, disunity, and confusion brought by the careless utilization of argument that; such things ne’er existed within the days of Prophet and justly guided caliphs or that wasn’t permissible by Islam law; once loudspeakers were ab initio utilized in India to enlarge the sound of adhan; a number of them opposed that on the idea of being nontraditional. Members in Asian countries opposed Islam since most of its systems got established later by major shaikhs like Abdul Qadir Jilani.
Public and Personal law;
The legal terms of public and personal law might seem sophisticated to traditional individuals; which is why there’s confusion within the legal procedures; the law is the theory of law that controls the link between state; and, individual thought-about to be either company or subject; the law consists of 3 sub-divisions like a criminal, body, and constitutional law. The constitutional law entails varied styles of states like the legislative, judiciary, and government; whereas the executive law controls international trade, taxation, production, and also the rest; legal code includes state-imposed sanctions for individuals or corporations to induce the social order or justice.
Private law;
Private law observes as civil law and involves relationships between personal relationships, people, and amidst voters and firms. It caters to obligations law and law of torts that area unit outlined in 2 ways in which. Firstly, the duty law regulates and organizes the legal relations between individuals beneath a contract. Secondly, the Law of Torts remedies and addresses problems with civil wrongs that don’t rise from any written agreement duty; law distinguished from personal because the law involves the state; personal law is the personal bill that’s enacted into law and targets companies and people, in contrast to the law; that features a wider scope and influence on the final public.
The variations in however Courts area unit Organized;
The Organization of Courts of Law in varied countries involves the Supreme Court, District Courts of Law, the Magistrates Courts, National Labor Court, and Regional Labor Courts. The Magistrate’s Courts area unit is the first trial court and has jurisdiction inside the criminal matters during; which the defendant area unit charged with an offense. The District Courts type the inferior courts that influence the jurisdiction of the matter, not inside the only real jurisdiction of different courts; whereas the Supreme Court has jurisdiction of hearing civil and criminal appeals from District Courts.
Judicial System Definition Differences Constitutional Law Essay; Image by Succo from Pixabay.
Constitutional Law for Checks and Balances within the US Constitution Essay; There are systems within the US Constitution, that was made in particular to regulate the number of power every branch of the presidency has; this method is named Checks and Balances and it’s important to our government; while not a system to forestall one branch of the presidency from having a lot of power over another; the govt would control by one cluster of individuals; it might not be honest to the individuals of the US; if one branch had a lot of power over another. this method is meant to forestall tyranny.
Here is the article to explain, Checks and Balances within the US Constitution Constitutional Law Essay!
The 3 branches of the presidency are; the branch, the chief branch, and therefore the arm. The branch is passed by congress, which has the House of Representatives and therefore the Senate; the most responsibility of the branch is to create laws; the chief branch is passed by the President of the US. The president enforces laws and presents new ones, is up to the mark of the militia, and has vetoing power. The arm passes by the Supreme Court. the ability the arm has is to investigate the Constitution and review laws.
The Separation of Powers was designed by the manufacturers of the Constitution. this method serves several goals. Separation prevents the buildup of power to 1 authority, which is the main reason behind tyranny. It additionally permits every one of the branches to possess power over the opposite 2 branches. The US of America was the primary nation to possess a separation of powers within the branches of the presidency. The powers and responsibilities exist equally divided amongst the chief branch, the branch, and therefore the arm. Dividing the US government into 3 separate branches; it’ll exclude the chance to possess total power from anybody of the teams. The separation of powers additionally created checks and balance system; which can not enable one amongst the branches of the presidency to possess a lot of power over another; the most goal is to keep up equality within the government.
Essay Part 01;
The system of Checks and Balances plays a vital role within the US government; this method existed engineered so one amongst the branches of the presidency will ne’er have an excessive amount of power; so one branch of the presidency controlled by the opposite 2 branches; every branch of the presidency checks the ability of the opposite branches to make sure that each branch has equal power. The individuals of the US place their trust within the government and come need their rights to protect. If all branches stood passed by themselves it might not be honest or constitutional.
The means laws created may be an example of Checks and Balances. The branch initially proposes a bill. Then the bill stood voted on by Congress and sent to the chief branch. The president can then decide whether or not or not the bill can improve our country. If the president believes the bill may be a sensible plan he or she’s going to sign the bill, so it becomes law; however, er if the president doesn’t suppose that the bill is sensible for the country he can veto the bill. Another check the branch will do if they believe that this explicit bill ought to become law is that they will override the president’s veto. The bill gets sent back to the branch and if the common fraction of the cluster agrees; this may override the president’s veto and therefore the bill becomes a law.
Essay Part 02;
Currently, once the bill has become a law, the individuals of the US try the new laws within the courts; that passed by the arm. someone will file a legal proceeding if they believe a law isn’t constitutional; it’s the judicial branch’s job to concentrate on every facet of the story and confirm whether or not or not it’s constitutional. All 3 branches of the presidency are concerned with the law-making and imposing method. If the responsibilities of laws were exclusively within the hands of 1 branch it might not be constitutional. The system of checks and balances permits every branch of the presidency to possess a say in, however, the laws create.
The branch can create laws. It additionally can run the subsequent checks over the chief branch. The branch additionally can get rid of the president from the workplace; this will solely exist done if they believe the president isn’t doing his or her job the proper means; this exists often known as a legal document. The branch additionally has “the power of the purse”; which implies that they manage however cash spends within the government. If a president wants cash to travel to war or for additional federal action; the branch won’t give the cash unless they believe it’s constitutional. Another power the branch has over the chief branch is that the Senate will approve presidential appointments and treaties. Alike the chief branch, the branch additionally has the ability over the arm to impeach decide and approve the appointments of the judges.
Essay Part 03;
The Executive branch’s main goal is to hold out the laws. the foremost vital power the chief branch has over the others is the power to veto. the chief branch has the ability over the branch to decide vital sessions of Congress. The president can even propose new concepts for legislation. the ability the chief branch has over the arm is that the president will appoint the Supreme Court and different federal judges.
The arm additionally runs checks on the opposite branches of the presidency. The judges of the arm are in the workplace always and doesn’t controlled by the chief branch. A make sure the arm has over the chief reviewed; review is once the court will confirm whether or not or not AN action created by a member of the chief branch is unconstitutional. The courts can even decide the act of legislative members is constitutional or not.
Judicial review is the power that the arm has over the legislative and therefore the branch to review a law or accord and confirm whether or not or not it’s constitutional. The Marbury vs. Madison case is what determined the Supreme Court has the ability for review. I feel that review is incredibly vital as a result of if it weren’t within the constitution; there may well be laws or laws that aren’t constitutional however still in result. There may well be several mistakes within the laws of our government that; the arm will look over and confirm that they ought to throw out or revised so is honest.
Essay Part 04;
If the govt didn’t have this method the various branches of the presidency wouldn’t be able to work along to keep up a stable government. If one branch of the presidency had total management or a lot of management over another branch it might not be constitutional. The US Constitution relies on the people’s rights and equally over America. There would be several issues if there wasn’t a system of separation of powers. There wouldn’t be the simplest way to work out what role every government official plays in our lives; however, with this method, the govt is split into completely different|completely different} branches that every management different aspects of the govt.
The system of checks and balances keeps these 3 branches of the presidency in cooperation. It permits every branch to run checks on the opposite 2 to create a positive that the ability is equally amongst the 3. I feel this is often a decent idea to let every one of the opposite branches check each other. If the branches of the presidency check themselves they might most likely be a lot biased. however, since somebody from outside of their branch is the one to examine their powers I feel it’s a lot fairer.
Essay Part 05;
The government is one of the foremost vital aspects of our lives. the govt will its job in the best interest of the nation. The individuals of the US place their trust within the government to guard the people’s rights. The system of checks and balances has worked all right throughout US history; though there are some problems it improves the govt a great deal. It seldom happens that AN appointed official has stood rejected or a veto has existed overridden however it happens.
The system of checks and balances and separation of powers suppose to stay the 3 branches of the presidency in balance. albeit there are some times wherever one branch seems to possess a lot of power over another branch, overall the 3 branches along have balanced systems wherever nobody branch will hold all power over the govt. The goal of the system of separation of powers and checks and balances is to develop a system that’s equal and honest to all or any of the voters of the US.
Constitutional Law for Checks and Balances within the US Constitution Essay; Image by jessica45 from Pixabay.
