Labour Law seen examination Essay Example | Topics and Well Written Essays - 1250 words

Labour Law seen examination - Essay Example Thus, each individual application must be treated on the merits. Fareeda Fareeda may be able to make a claim for direct discrimination given that she surpassed all the requirements that were listed by Allan in their invitation. However, there is no express mention by the Allan’s of any reason that they may have considered to select Lady Monique in Fareeda’s place. The only statement that may allude to any discrimination is their justification of Lady Monique’s associations with ‘the right sort of families and the right sort of children’. From the facts of Mandla v Dowell Lee [1982]1, it follows that Muslims may also form part of a nationality with distinct ethnic origins in order to be classified as a racial group for the purposes of the Race Relations Act 1976. The scope of discrimination was expanded by this Act to people who were treated unfavorably as a result of racial profiling of third parties (Weathersfield Ltd v Sargeant)2.  With the incep tion of the Employment Equality (Religion or Belief) Regulations 2003, religious discrimination took statutory form by protecting people with â€Å"any religion, religious belief or philosophical belief†. ... However individually she may not be able to be compensated for her grievance and her remedy must be based on the validity of the claims of the other applicants. Beverly McLaughlin Beverly also fulfills the requirements of the job offer. Her claim would be based on the assertion that she was discriminated on account of her age which is protected under the Equality Bill 2006. Given that she was more than qualified for the job, the Allan’s belief that Lady Monique would have more connections with the right families and the right children could be more than attributable in Beverly’s favor since she has more experience as a nanny working under an extremely wealthy employer for 20 years. Lady Elizabeth Porter Lady Elizabeth Porter can assert that she was discriminated against on account of her blindness under the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005, since her disability qualifies as one recognized by s.1 of the 1995 Act (as amended by s.18 of the Act of 2005); â€Å"a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities†. Her credentials are also far superior than that of Lady Monique’s. Moreover, the Allan’s are no longer under the protection of the 1995 regime which exempted employers with less than 20 employees, as the 2005 amendment changes that to include small employers as well. However, in this case, the Allan’s can resort to the defense of ‘justification’ since the child to be taken care of is 2 years old and would require to be tended to much more closely than a blind person can afford. Under the act, this defense may be

The impact of Corporate governance and on Corporate strategy Essay

The impact of Corporate governance and on Corporate strategy - Essay Example been a number of definitions for corporate governance, though, it implies as a misunderstanding of companies and the procedures practiced for the assurance of business proceedings preventing the benefit of involved groups such as the investors. It characteristically centers to alleviate the agency predicaments which may occur whilst possession and administration of the business is divided. Such problems can be diminished by means of numerous measures like the internal controls, oversight of administration or boardroom, regulatory oversight, compensation and incentive arrangements and external audits. (Segrestin & Hatchuel, 2008) According to Vinten (2004) corporate governance relies upon administrative functioning and the concern of communal accountability, the socio-cultural and ecological aspect of corporation practice, and authorized and moral exercises concerning the investors, consumers and shareholders of corporations. Comprehending the inference of corporate governance seems to increase significance amid transnational workforce, policy makers, industrialists, stakeholders and associated businesses. On a worldwide level, drive in the direction of incorporated commercial procedures and a free economy is being made available through globalization. Local organizations require competition with multinational firms in such situations. Corporate governance points towards the strategies and course of actions practiced by the corporations for achieving positive purposes, business goals and visions regarding investors, workers, patrons, dealers and various regulatory interventions and the society in general. Th e function of corporate governance is to make best use of investors prosperity beside endeavors to attain proper profits for them. By itself, corporate governance bears propositions for the corporate communal accountability of corporations. (Collin, 2007) According to North (1990), institutions are structured out of the humanly restraints that occur as a result

Definition And Types Of Anxiety English Language Essay

Definition And Types Of Anxiety English Language Essay In order to understand the specific type of anxiety that learners experience in a foreign language classroom, it is important to first consider anxiety in general terms. As a psychological construct, anxiety is described as a state of apprehension, a vague fear that is only indirectly associated with an object (Scovel, 1991, cited in Tanveer, 2007, p. 3). Speiberger (1976, cited in Wang, 2005, p. 13) distinguished anxiety from fear by pointing out that although anxiety and fear are both unpleasant emotional reactions to the stimulus conditions perceived as threatening, fear is usually derived from a real, objective danger in the external environment while the threatening stimulus of anxiety may not be known. Spielberger (1983, cited in Wilson, 2006, p. 41) defined anxiety as the subjective feeling of tension, apprehension, nervousness, and worry associated with an arousal of the autonomic nervous system. More specifically, Morris, David, Hutchings (1981, cited in Wilson, 2006, p. 41) claimed that general anxiety consists of two components: worry and emotionality. Worry or cognitive anxiety refers to negative expectations and cognitive concerns about oneself, the situation at hand, and possible consequences, and emotionality or somatic anxiety concerns ones perceptions of the physiological-affective elements of the anxiety experience, which are indications of autonomic arousal and unpleasant feeling states, such as nervousness, upset stomach, pounding heart, sweating, and tension (Morris, David, Hutchings, 1981, cited in Wilson, 2006, p. 41, cited in Cubucku, 2007, p. 134). Trait Anxiety, State Anxiety, and Situation-specific Anxiety MacIntyre Gardner (1991, p. 87-92) identified three approaches to the study of anxiety, which are: trait anxiety, state anxiety, and situation-specific anxiety. Trait anxiety is an individuals likelihood of becoming anxious in any situation (Spielberger, 1983, cited in MacIntyre Gardner, 1991, p. 87). As trait anxiety is a relatively stable personality characteristic, a person who is trait anxious would probably become anxious in many different kinds of situations, more frequently or more intensely than most people do (Woodrow, 2006, p. 309). This approach to anxiety research has been criticized in that the interpretation of trait anxiety would be meaningless without being considered in interaction with situations because a particular situation may be perceived as anxiety-provoking by some but not by others although those people may have similar trait anxiety scores (MacIntyre Gardner, 1991, p. 88). State anxiety, in contrast to the stable nature of trait anxiety, is momentary and thus not an enduring characteristic of an individuals personality. It is the apprehension that is experienced at a particular moment in time (MacIntyre Gardner, 1991, p. 90). In other words, it is a transient anxiety, an unpleasant emotional temporary state, a response to a particular anxiety-provoking stimulus such as an important test (Spielberger, 1983, cited in Wang, 2005, p.13, and cited in Tanveer, 2007, p. 4). The higher the level of trait anxiety an individual possess, the higher the level of state anxiety he or she may experience in stressful situations (MacIntyre Gardner, 1991, p. 90). The state-anxiety approach to anxiety research has been criticized for asking the question Are you nervous now? instead of Did this situation make you nervous?; in other words, it does not the subjects to ascribe their anxiety experience to any particular source (MacIntyre Gardner, 1991, p. 90). Situation-specific anxiety re ¬Ã¢â‚¬Å¡ects a trait anxiety that recurs consistently over time within a given situation (MacIntyre Gardner, 1991, p. 87; Spielberger, Anton and Bedell, 1976, cited in Woodrow, 2006, p. 309). Zheng (2008, p. 2) proposed that the three categories of anxiety can be identified on a continuum from stability to transience, with trait anxiety related to a generally stable predisposition to be anxious across situations on one end, state anxiety related to a temporary unpleasant emotional state on the other, and situational-specific anxiety related to the probability of becoming anxious in particular situations in the middle of the continuum. According to MacIntyre and Gardner (1991, p. 90), situation-specific anxiety can be considered as trait anxiety, which is limited to a specific context. This perspective examines anxiety reactions in a well-defined situation such as public speaking, during tests, when solving mathematics problems, or in a foreign languag e class (MacIntyre Gardner, 1991, p. 90). Facilitating Anxiety and Debilitating Anxiety Facilitating anxiety improves learning and performance, while debilitating anxiety is associated with poor learning and performance. According to Scovel (1978, cited in Tanveer, 2007, p. 10), anxiety, in its debilitating and facilitating forms, serves simultaneously to motivate and to warn the learner. Facilitating anxiety occurs when the difficulty level of the task triggers the proper amount of anxiety (Scovel, 1978, cited in Zheng, 2008, p. 2). In such case, facilitating anxiety motivates the learner to fight the new learning task; it gears the learner emotionally for approach behavior (Scovel, 1991, cited in Tanveer, 2007, p. 11). However, although a certain level of anxiety may be beneficial, too much anxiety can become debilitating: it motivates the learner to flee the new learning task; and stimulates the individual emotionally to adopt avoidance behavior which may lead to avoidance of work and inefficient work performance (Scovel, 1978, cited in Zheng, 2008, p. 2; Scovel, 199 1, cited in Tanveer, 2007, p. 11). Such phenomenon can be best described by the Yerkes-Dodson Law, which suggests a curvilinear association between arousal and performance (Wilson, 2006, p. 45). When represented graphically on an inverted U-shaped curve, the Yerkes-Dodson Law shows that too little arousal produces minimum performance; moderate arousal enhances performance and reaches a peak at the top of the curve; after that, too much arousal will again hinder performance (MacIntyre, 1995, p. 92). FIGURE 1 (MacIntyre, 1995, p. 92) Anxiety in Foreign Language Learning Language learning anxiety has been classified as a situation-speci ¬Ã‚ c anxiety, or a trait which recurs consistently over time within the given context of language learning situations, that is, the language classrooms (MacIntyre and Gardner, 1991; Horwitz, 2001). Horwitz et al. (1986) were the first to treat foreign language anxiety as a separate and distinct phenomenon particular to language learning (Young, 1991, cited in Wang, 2005, p. 16). According to Horwitz et al. (1986, p. 128), foreign language anxiety is a distinct complex of self-perceptions, feelings, and behaviors related to classroom learning arising from the uniqueness of the language learning process. Other researchers also proposed similar definitions. Oh (1992, cited in Wang, 2005, p. 16) perceived of foreign language anxiety as a situation-specific anxiety students experience in the classroom, which is characterized by negative self-centered thoughts, feelings of inadequacy, fear of failure, and emotional reactions. In a similar vein, MacIntyre and Gardner (1994, cited in Wang, 2005, p. 16) described foreign language anxiety as the feelings of tension and apprehension, which are particularly associated with activities in a second language learning context. According to Horwitz (1986, p. 126), anxiety centers on the two basic task requirements of foreign language learning: listening and speaking, and difficulty in speaking in class is probably the most frequently cited concern of the anxious foreign language students. On the other hand, Hilleson (1996, cited in Matsuda Gobel, 2004, p. 22), in his diary study, identified various types of anxiety related to different skill areas: the participants in his research demonstrated anxiety related to not only speaking and listening but also reading and writing. Although research into foreign language anxiety has been almost entirely associated with the oral aspects of language use, there has been a recent trend to identify the relationship between anxiety and other language proficiencies ((Horwitz, 2001, p. 120; Matsuda Gobel, 2004, p. 22). According to Tallon (2008, p. 7), while previous studies suggested that foreign language classroom anxiety is a more general type of anxiety about learning a second language with a strong speaking anxiety element, recent research on foreign language anxiety showed the existence of language-skill-specific anxieties: listening, reading, and writing. The Measurement of Anxiety in Foreign Language Learning Generally, there are three major ways of measuring anxiety in research, including behavioral observation; physiological assessment such as heart rates or blood pressure tests; and participants self-reports of their internal feelings and reactions (Casado Dereshiwsky, 2001; Daly, 1991; cited in Zheng, 2008, p. 3). According to Zheng (2008, p. 3), participants self-reports are by far the most common way of examining the anxiety phenomenon in educational research. Early Research on Foreign Language Anxiety As anxiety is a complex, multi-faceted construct (Phillips, 1992, p. 14), it is not surprising that early studies of the relationship between anxiety and language learning provided mixed and confusing results. Youngs (1991, p. 438-439) review of sixteen studies that examining how anxiety interferes with language learning and performance showed inconsistent results both within and across studies, and she concluded that research in the area of anxiety as it relates to second or foreign language learning and performance was scattered and inconclusive. According to Horwitz (2010, p. 157), Scovels review of the then available literature on anxiety and language learning can be considered a turning point in the study of foreign language learning anxiety. Scovel (1978, cited in Horwitz, 2001, p. 113) attributed the truly conflicting set of findings to ambiguity in the conceptualization and measurement of anxiety. He argued that since the early studies employed different anxiety measures such as test anxiety or facilitating-debilitating anxiety, etc, it was understandable that they found different relationships between anxiety and language learning. Some studies found the anticipated negative relationship between anxiety and language achievement, but there were also several studies which found no relationship, and positive relationships between anxiety and second language achievement were also identified. For example, in a research conducted by Chastain in 1975 (cited in Horwitz, 2010, p. 156), the directions of the correlations between anxiety (test anxiety) and language learning (course grades) in three languages (French, German, and Spanish) were not consistent, indicating three levels of correlation: positive, negative, and near zero. Backman (1976, cited in Aida, 1994, p. 156) examined Venezuelan students learning English in the US, whose language progress measured by a placement test, a listening comprehension test, and teachers ratings did not show a significant correlation with any of the anxiety measures. Kleinmann (1977, cited in Horwitz, 2010, p. 156) utilized the facilitating-debilitating anxiety framework to study Spanish-speaking and Arabic-speaking ESL students, and found that learners with more facilitating anxiety had a lower tendency toward avoidance behavior in the oral production of linguistically difficult English structures while there was no evidence that debilitating anxiety negatively influenced their oral performance. Horwitz, Horwitz, and Copes Construct of Foreign Language Anxiety It is essential to trace the development and subsequent use of the Foreign Language Classroom Anxiety Scale (Horwitz et al., 1986), as this instrument has been employed so widely (in its original form, or translated, or adapted) and with such consistent results since it first appeared. As it has been observed to be highly reliable (Horwitz, 1986; Aida, 1994; Rodriguez Abreu, 2003), I was interested in using it for my research. 3.2.1. Development of the FLCAS According to Horwitz (1986b, p. 559), research into the relationship between anxiety and language achievement had been held back by the lack of a reliable and valid measure of anxiety specific to language learning. She further stated that although teachers and students generally felt that anxiety is an obstacle to be overcome in learning a second language, the empirical literature at that time failed to adequately define second language anxiety and to demonstrate a clear-cut relationship between anxiety and language achievement or performance. She suggested that one likely explanation for the inconclusive results of previous studies was that existing measures of anxiety did not test an individuals response to the specific stimulus of language learning. The Foreign Language Classroom Anxiety Scale was developed so as to provide researchers with a standard instrument for such purpose (Horwitz, 1986b, p. 559). This self-report measure was claimed to evaluate the degree of anxiety, as ev idenced by negative performance expectancies and social comparisons, psycho-physiological symptoms, and avoidance behaviors (Horwitz, 1986b, p. 559). The author stated that the scales items were developed from student reports, clinical experience, and a review of related instruments. 3.2.2. Conceptual Foundations of Foreign Language Anxiety From a theoretical viewpoint, Horwitz et al. (1986, p. 127) argued that foreign language anxiety implies performance evaluation within an academic and social context. They therefore identified the three related performance anxieties: communication apprehension test anxiety; and fear of negative evaluation, which are believed to provide useful conceptual building blocks for a description of foreign language anxiety (Horwitz, 1986, p. 128). However, Horwitz (1986, p. 128; 2010, p. 158) also emphasized that foreign language anxiety is not a simple combination of these performance anxieties transferred to foreign language learning. Instead, it is perceived as a distinct complex of self-perceptions, beliefs, feelings, and behaviors à ¢Ã¢â€š ¬Ã‚ ¦ arising from the uniqueness of the language learning process (Horwitz, 1986, p. 128). Communication apprehension was originally defined by McCroskey (1977, cited in Aida, 1994, p. 156) as an individuals level of fear or anxiety associated with either real or anticipated communication with another person or persons. According to McCroskey (1984, cited in Wang, 2005, p. 17), the typical behavior patterns of communicatively apprehensive people are communication avoidance, communication withdrawal, and communication disruption. According to Horwitz (1986, p. 127), due to its emphasis on interpersonal interactions, the construct of communication apprehension plays an important role in language learning. Difficulty in speaking in groups (oral communication anxiety) or in front of the class (stage fright), or in listening to or learning a spoken message (receiver anxiety) are suggested to be all manifestations of communication apprehension (Horwitz, 1986, p. 127). People whose typical communication apprehension is high tend to encounter even greater difficulty communicating in a foreign language class where they have little control of the communicative situation, there exists a disparity between learners mature thoughts and their immature foreign language proficiency, and their performance is constantly monitored (Horwitz, 1986; Horwitz and Gregersen, 2002, p. 562). The inability to express oneself fully or to understand others not only lead to frustration and apprehension in typical apprehensive communicators but also make many otherwise talkative people become silent in a foreign language class (Horwitz, 1986, p. 127). Test-anxiety, or the tendency to view with alarm the consequences of inadequate performance in an evaluative situation (Sarason, 1984, cited in Aida, 1994, p. 157), is also relevant to a discussion of foreign language anxiety because performance evaluation is an ongoing feature of most foreign language classes (Horwitz, 1986, p. 127). Some learners may inappropriately view foreign or second language production as a test situation rather than as an opportunity for communication (Horwitz, 1986, cited in Horwitz and Gregersen, 2002, p. 562). According to Horwitz (1986, p. 126), test-anxious students often put unrealistic demands on themselves and feel that anything less than a perfect test performance is a failure. Unfortunately, students who are test-anxious may suffer considerable stress and difficulty in foreign language classrooms since daily evaluation of skills are quite common and frequent in most foreign language classes. Moreover, making mistakes is inevitable in the language l earning process, and even the brightest and most prepared students often make errors (Horwitz, 1986, p. 128). Fear of negative evaluation, the third performance anxiety related to foreign language learning, is defined as apprehension about others evaluations, avoidance of evaluative situations, and the expectations that others would evaluate oneself negatively (Watson and Friend, 1969, cited in Horwitz, 1986, p. 128). Although similar to test anxiety to some extent, fear of negative evaluation is broader in scope in that it applies to any social and/or evaluative situation in which an individual worries about the possibility of being unfavorably evaluated by others (Wilson, 2006, p. 68). Horwitz (1986, p. 128) pointed out what distinguishes foreign language learning from other academic subjects is that language learners are continually evaluated by the teacher and may also feel they are subject to the evaluation of their peers. Unfortunately, learners who are highly concerned about the impressions others are forming of them tend to behave in ways that minimize the possibility of negative eva luations (Horwitz and Gregersen, 2002, p. 562). In foreign language classrooms, students with a fear of negative evaluation tend to sit passively in the classroom, withdrawing from classroom activities that could otherwise enhance their improvement of the language skills or even cutting class to avoid anxiety situations (Aida, 1994, p. 157). 3.2.3. Reliability and Validity of the FLCAS Horwitz et al. (1986) developed the Foreign Language Classroom Anxiety Scale (FLCAS) as a 33-item self-report instrument scored on the basis of a 5-point Likert-type scale, from strongly agree to strongly disagree. Students respond to statements regarding their reactions to foreign/second language classes. Possible scores on the FLCAS range from 33 to 165: the higher the score, the higher the anxiety level. Items were developed from student reports, interviews with specialists about their clinical experiences with anxious language learners, the authors teaching experiences, and a review of related measures of anxiety. According to Horwitz (1986, p. 129), pilot testing of the scale with seventy five introductory Spanish students at the University of Texas at Austin demonstrated its reliability and validity. In terms of internal reliability, the FLCAS achieved internal reliability, achieving an alpha coefficient of .93 with all items producing significant corrected item-total scale correlations. Test- retest reliability over eight weeks yielded an r = .83 (p In one sample of 108 introductory students of Spanish, scores ranged from 45 to 147 (M = 94.5, Mdn = 95.0, SD = 21.4). Internal consistency, as measured by Cronbachs alpha coefficient, was .93, and test-retest reliability over 8 weeks was r = .83, p = .001, n = .78. Aida (1994) tested Horwitz et al.s construct of foreign language anxiety by validating an adapted FLCAS for students of Japanese. She aimed to discover the underlying structure of the FLCAS and to examine whether or not the structure reflects the three kinds of anxiety presented earlier. Her study, using ninety-six students of Japanese, yielded internal consistency of .94 (X = 96.7 and SD = 22.1), using Cronbachs alpha coefficient. The reliability, mean, standard deviation, and range obtained in this study were very similar to those of Horwitz (1986), whose sample was a group of students in introductory Spanish classes. FIGURE 2 (Aida, 1994, p. 159) Manifestations of Foreign Language Learning Anxiety Anxiety, in general, can have physical/physiological, emotional, and behavioral manifestations, and these manifestations can differ with each individual. According to Oxford (1999, cited in Williams Andrade, 2009, p. 4, and cited in Yanling Guizheng, 2006, p. 98): Physical symptoms can include, for example, rapid heartbeat, muscle tension, dry mouth, and excessive perspiration. Psychological symptoms can include embarrassment, feelings of helplessness, fear, going blank, inability to concentrate, as well as poor memory recall and retention. Behavioral symptoms can include physical actions such as squirming, fidgeting, playing with hair or clothing ¼Ã…’ nervously touching objects, stuttering or stammering ¼Ã…’ displaying jittery behavior, being unable to reproduce the sounds or intonation of the target language even after repeated practice. More importantly, behavioral symptoms of anxiety can be manifested in negative avoidance behaviors like inappropriate silence, monosyllabic or non-committal responses, lack of eye contact, unwillingness to participate, coming late, arriving unprepared, showing indifference, cutting class, and withdrawal from the course. Other signs which might reflect language anxiety: overstudying, perfectionism, hostility, excessive competitiveness, as well as excessive self-effacement and self-criticism (e.g. I am so stupid). Causes of Foreign Language Learning Anxiety Research has indicated a number of ways that learning a foreign language can cause anxiety for language learners. Young (1991, p. 427), in a comprehensive review, summarized the personal factors and instructional factors contributing to language anxiety into six categories: 1) personal and interpersonal anxieties, 2) learner beliefs about language learning, 3) instructor beliefs about language teaching, 4) instructor learner interactions, 5) classroom procedures, and 6) language testing. Generally, the six factors proposed by Young (1991) combine with other factors indicated by other researchers to form three main sources of foreign language anxiety: learners characteristics, teachers characteristics, and classrooms characteristics (Tallon, 2009, p. 2). Personal factors (Learner characteristics) Personal and interpersonal issues, according to Young (1991, p. 427), are possibly the most commonly cited and discussed sources of language anxiety. Several studies have discovered the link between anxiety and proficiency (Aida, 1994; Gardner, 1985; Gardner et al., 1997, cited in Zhang, 2010, p. 9). There are significant differences between high proficiency and low proficiency students in language anxiety level with the low proficiency students being much more anxious (Young, 1991). In a similar vein, Horwitz (1986) attributed anxiety to learners immature communicative ability in the foreign language. On the other hand, several other researchers argued that low self-esteem and competitiveness are the two significant sources of learner anxiety. Bailey (1983, cited in Young, 1991, p. 427) studied the diary entries of 11 students and reported that competitiveness can lead to anxiety when language learners compare themselves to others or to an idealized self-image. Likewise, Price (1991 , cited in Young, 1991, p. 427) stated that the majority of her subjects believed their language skills to be weaker than those of the others in class; that they werent doing a good job and that everyone else looked down on them. As regards to self-esteem, Hembree (1988, cited in Young, 1991, p. 427) implied that students who start out with a self-perceived low ability level in a foreign or second language are most likely to experience language anxiety. Krashen (1981, cited in Ohata, 2005, p. 5) also suggests that anxiety can arise according to ones degree of self-esteem as those students tend to worry about what their peers or friends think, in fear of their negative responses or evaluation. In addition, Gregersen and Horwitz (2002) examined the relationship between foreign language anxiety and perfectionism, and found some common characteristics between anxious language learners and perfectionists (e.g., higher standards for their English performance, a greater tendency toward pro crastination, more worry over the opinions of others, and a higher level of concern over their errors). The authors supposed that such characteristics may make language learning unpleasant and less successful for the perfectionist students than for others. Another personality trait that has a positive correlation with foreign language anxiety is shyness: Chu (2008, cited in Zhang, 2010, p. 11) affirmed that anxiety, willingness to communicate, and shyness function together to create a negative impact on Taiwanese students study of English. Learner beliefs about language learning, if erroneous and unrealistic, are also a major factor contributing to language anxiety (Young, 1991, p. 428). According to Tallon (2008, p. 4) when students unrealistic expectations about language learning are not met it can lead to negative feelings about ones intelligence and abilities. For example, the language learners in Horwitzs study (1988, cited in Young, 1991, p. 428): 1) expressed great concern over the correctness of their utterances; 2) placed a great deal of stress on speaking with an excellent accent; 3) supported the notion that language learning is primarily translating from English and memorizing vocabulary words and grammatical rules; as well as 4) believed that two years is enough time to become fluent in another language; and believed some people were more able to learn a foreign language than others. Such erroneous beliefs may make the students later become disappointed and frustrated. In addition, Horwitz (1989, cited in Tallon, 2008, p. 5) found a link between several language learning beliefs and levels of foreign language anxiety in university Spanish students: the more anxious learners judged language learning to be relatively difficult and themselves to possess relatively low levels of foreign language aptitude. Palacios (1998, cited in Tallon, 2008, p. 5) also found that the following beliefs are associated with learner anxiety: the feeling that mastering a language is an overwhelming task; the feeling that one needs to go through a translation process in order to communicate in the target language; the difficulty of keeping everything in ones head; and the belief that learning a language is easier at an earlier age. Tallon (2008, p. 5) concluded that all of those faulty beliefs may cause the students to have unrealistic expectations about the language learning process, and thus lead to anxiety. Instructional factors Teacher characteristics Instructor beliefs about language teaching, which determines instructor-learner interactions, are a further source of language anxiety because the teachers assumption on the role of language teachers may not always correspond to the students needs or expectations toward the him or her (Ohata, 2005, p. 7). Young (1991, p. 428) listed the following teacher beliefs which have been shown to evoke feelings of anxiety in students: it is necessary for the teacher to be intimidating at times; the instructor is supposed to correct every single mistake made by the students; group or partner work is not appropriate because it can get out of control; the teacher should do most of the talking; and the instructors role is that of a drill sergeant. According to Tallon (2008, p. 5), a judgmental teaching attitude (Samimy, 1994) and a harsh manner of teaching (Aida, 1994) are closely linked to student fear in the classroom. Besides, Palacios (1998, cited in Tallon, 2008, p. 5) found the following characteristics of the teacher to be associated with anxiety: absence of teacher support, unsympathetic personalities, lack of time for personal attention, favoritism, absence that the class does not provide students with the tools necessary to match up with the teachers expectations, and the sense of being judged by the teacher or wanting to impress the teacher. Moreover, Young (1999, cited in Tallon, 2008, p. 6) stated that using speaking activities that put the learner on the spot in front of their classmates without allowing adequate preparation are also sources of anxiety for many students. Additionally, Ando (1999, cited in Tallon, 2008, p. 6) argued that having a native speaker for a teacher can cause anxiety because the teacher may lack the sensitivity of the learning process or the teachers English may be hard for students to understand. Classroom characteristics Classroom procedures and other classrooms characteristics are the third major source of foreign language learning anxiety. Young (1990, cited in Tallon, p. 6) proposed a list of classroom activities which are perceived as anxiety-provoking: (1) spontaneous role play in front of the class; (2) speaking in front of the class; (3) oral presentations or skits in front of the class; (4) presenting a prepared dialogue in front of the class; and (5) writing work on the board. Similarly, Palacios (1998, cited in Tallon, p. 6) found demands of oral production, feelings of being put on the spot, the pace of the class, and the element of being evaluated (i.e., fear of negative evaluation) to be anxiety-producing to students. Notably, Oxford (1999, cited in Tallon, p. 7) emphasized learning and teaching styles as a potential source of language anxiety. If the instructors teaching style and a students learning style are not compatible, style wars can trigger or heighten anxiety levels. In addition, it is understandable that language testing may lead to foreign language anxiety (Young, 1991, p. 428). For example, difficult tests, especially tests that do not match the teaching in class, as well as unclear or unfamiliar test tasks and formats can all create learner anxiety. Effects of Foreign Language Learning Anxiety Foreign Language Learning Anxiety and its Associations with the three stages of the Language Acquisition process (Input, Processing, and Output) The effects of language anxiety can be explained with reference to the cognitive consequences of anxiety arousal (Eysenck, 1979; Schwazer, 1986; cited in MacIntyre Gardner, 1994, p. 2). When an individual becomes anxious, negative self-related cognition begins: thoughts of failure (e.g. I will never be able to finish this), self-deprecation (I am just no good at this), and avoidance (I wish this was over) begin to emerge. They consume cognitive resources that might otherwise be applied to the learning task. This then creates even more difficulties in cognitive processing because fewer available resources may lead to failure, which results in more negative cognitions that further consume cognitive resources, and so on. According to MacIntyre (1995, p. 26), anxiety can be problematic for the language learner because language learning itself is a fairly intense cognitive activity that relies on encoding, storage, and retrieval processes (MacIntyre, 1995, p. 26), and anxiety interferes with each of these cognitive processes by creating a divided attention scenario (Krashe

Nauru: The Gap Between Perception and Reality Essay -- Country Analysi

It would be easy to overlook the third smallest country in the world as a frivolous waste of time. Nothing could be further from the truth in regards to the island of Nauru. It is a multifarious nation described as almost a topographical micro slice of paradise. The Nauruan people have formed a democratic republic with a constitution safeguarding liberties and ensuring prosperity. At least this is according to the Nauru websites available to the public. Countries often present themselves as a glossy postcard picture on the outside. This picture does not always match the reality of what is on the inside. Looking at what the Nauruan Government and Tourist Organization have to say can serve as a baseline for comparison to the realities that Nauru is facing and the gap between the two. Nauru is a small island located only 26 miles south of the equator with a land mass of just over eight square miles. The government describes the island purely in topographical terms as â€Å"surrounded by a coral reef, exposed at low tide and dotted with pinnacles. The reef is bound seaward by deep water, and inside by a sandy beach. The presence of the reef has prevented the establishment of a seaport †¦a 150–300 meter wide fertile coastal strip lies landward from the beach. Coral cliffs surround the central plateau. The only fertile areas are the narrow coastal belt† (Republic of Nauru [RON], 2012, p.1). The Nauru government is also very proud of their parliamentary democracy and much of their website explains not only the freedom but also compulsory voting at age twenty and above. Their constitution also touts the protection of fundamental rights and freedoms such as â€Å"life, liberty, security of the person, the enjoyment of property and th... ...all, D. (2009). Doomed Island: Nauru's short-sightedness and resulting decline are an urgent warning to the rest of the planet. Alternatives Journal, 35(1), 34-37. Nauru Tourism, Department of Economic Development.(2012). Unique Nauru. Retrieved on 27 May 2012 from: http://www.discovernauru.com/ Singh, S. (2007, Mar 28). South pacific: Island nations struggle with obesity epidemic. Global Information Network, pp. 1. http://search.proquest.com/docview/457564219?Accountid =38569 The Republic of Nauru.(2011). Republic of Nauru. Retrieved on 27 May 2012 from: http://www.naurugov.nr/index.html The Republic of Nauru.(2011). The constitution of Nauru. Retrieved on 27 May 2012 from: http://www.naurugov.nr/parliament/constitution.html U.S, Department of State Website(2012) Background Note: Nauru. Retrieved on 27 May 2012 from: http://www.state.gov/r/pa/ei/bgn/16447.htm

An Examination of Two Sides of a Controversy

One that might make your hair rise, scream with all your might or run very fast is the sight of a human skull and skeleton during a full moon in an old abandoned house. This is the usual scene in a horror movie. Indeed, people fear seeing human remains. But skeletal remains can also cause conflict between museum owners, scientists and tribal groups.Authorities are usually torn between legal wrangling of these groups each one claiming the remains’ ownership. Nations of the world are also locked in debates over cultural property rights and intellectual property rights. The dispute between two great nations over great artifacts also has some repercussion on the economy of these two countries.Almost all schools and universities in the world maintain a museum basically for their activities in arts and sciences. In here, actual samples or replicas of the past are stored and lessons are becoming interesting if students can readily see what they read in the books. The more interesting the contents of the museums, the more famous they become. This generates sense of pride for the institution and sometimes become a source of revenues too.This is the reason why museums are trying to acquire interesting objects and when they become part of the museum, the real owner of the object finds it difficult to claim it. This becomes the source of conflict between museum administrator and Native Americans in the case of ancient artifacts. Archaeologists too are hard bent on keeping them because they are prized possessions and scientists can discover various things from studying the object and contribute to the enhancement of science.One afternoon of a windy Sunday, more than ten years ago, while seeing hydroplane race, along the shores of the Columbia River, two students found human skull that was washed into the shore. An almost complete skeleton was also found in the place. Study conducted on the remains has yielded information that the skull is already 9,400 years old. A c onflict ensued immediately among scientists, Native Americans including local authorities (Ainsworth 2000).In Honolulu, Hawaii, artifacts were borrowed from a museum but apparently, the group who borrowed failed to return the remains and refused to reveal the whereabouts of the Native Hawaiian artifacts. This led to the filing of contempt of court by the federal judge against four heads of a Hawaiian gang.The four are members of the group called Group Caring for the Ancestors of Hawaii. Members of the group claimed that the artifacts were removed from its original place by an archaeologist and illegally offered for sale to the Museum. Group members assert that they just return the artifacts to where they rightly belong (New York Times 2005).An archaeology student recovered bones, beads and pieces of shells in Dry Lake Cave at the southern tip of Owens Valley in 1950. She wrote her findings in her record notebook. More than 50 years later, while her artifacts together with her record s are lying inside a stockroom in Hershey Hall, three elders of the tribal group Timbisha Shoshone of Death Valley carefully inspect artifacts trying to see objects with cultural value, which they feel are rightfully theirs. The land of their ancestors includes the Dry Lake Cave (Lee 2002).Pauline Estevez, a tribal leader, who had an invitation to visit UCLA from the Fowler Museum of Cultural History, remarked, â€Å"It is our obligation as Indian people to safeguard our land and its wealth, Some of the artifacts here are part of our treasures which we think should not be kept by the museum or its collector because the land is their rightful owner† (Lee 2002).That is the reason why Estevez took the opportunity to yield to the invitation of the Fowler Museum of Cultural History. As an elder of a tribal group, she feels that what belongs to her land should be returned because they are part of their culture. The artifacts can be their ancestors or the treasures they brought with them which witnessed the birth of their tribe. They take pride in those artifacts and should also be seen by the younger generations as part of their identity.The Kennewick man who was found in the shore of the Columbian river was supposed to be returned to the five American Indian Tribes who jointly filed a claim so that they can possess and rebury the remains that they believe are theirs. The claim was under the Native American Graves Protection and Repatriation Act of 1990. The natives might have the same motive as those inhabitants of Death Valley. What belongs to them should be returned so that the remains of their ancestors can reunite with their land and the community where they once belong.The natives feel that their ancestors will be more peaceful going back to where they belong rather than to remain in the cold museum (Ainsworth 2000). That could be the same motive that prompts leaders of the Hawaiian group not to return the artifacts that were borrowed from the Hawaiian museum. They asserted that since those artifacts were taken illegally from their original burial place, they should be returned there so that the souls of their ancestor will really lie in peace.Meanwhile, a group of angry archaeologists who are interested in the Kennewick man want to study the remains. The finding of a 9,400 year old artifact naturally will interest them. They protested the move that will give the natives the right to the ownership of the Kennewick man. That started the legal battle between the archaeologists and the ConfederatedTribes of the Umatilla Indian Reservation (Ainsworth 2000). While the natives are fighting for the return of the remains so that it can once again be a part of the original community and peacefully lie there, the scientists are hoping that they can contribute significantly to the world of science if they can study the remains. They believe that they can learn from the past as a way of improving the future.Thomas spoke in a crowded Kroeber H all and states that the significant issue about the Kennewick remains are neither about religion nor science. According to him the issue is with regards to politics and not philosophy, about leadership and power. The question of who calls the shot when it comes to ancient American history.Is it the federal, the science community or the American Indian? Thomas is a vocal advocate of cooperative partnership between the American Indians and the scientists. He maintained that in a case like the Kennewick man, it’s a long and bitter fight, which can reach the Supreme Court. He believes that this case can be settled away from the premises of the court (Ainsworth 2000).

An Interesting Approach to Parenting in To Kill a...

In the novel To Kill a mockingbird by Harper Lee, Atticus Finch takes an interesting approach(compared to other means in the era) to parenting his mischievous children, Jem and Scout Finch. Such methods include; never sheltering anything by always being honest, allowance of free will, and the lack of corporal punishment. Since these characters drive the plot, it is clear that the course of events is only possible with Atticus’s influence. In the 1930’s, and definitely still today, parents will fabricate the truth to their children. This is especially true if they are trying to explain philosophies or ideologies, like racism. Atticus Finch is not like these people. He never shelters Jem and Scout, and whenever they are puzzled about something, he answers it. This little interaction does little to nothing in contributing to the plot and characterization of the kids. However, when complicated and controversial questions arise on topics like race, class and religion, Atticus leaves nothing out. This does in fact contribute to the novel, and an example is shown on page 76, â€Å"[Atticus speaking to Scout] Simply because we were licked a hundred years before we started is no reason for us not to try to win.† This is an answer Atticus gives to Scout when she asks him why he is representing a man who is bound to lose. Obviously, it is that Tom is black, and a black man touching a white woman was in that era obs cene, therefore a question of that nature could be prompted. Instead of

Professional Misconduct Among Lawyers - Free Essay Example

Sample details Pages: 11 Words: 3394 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. Introduction and Nature of Misconduct The field of law has numerous subdivisions of profession to be involved into. This includes conveyancer, barrister, solicitor, lawyer, public prosecutor, public defender, judicial commissioner, and judges. As all know, a career in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. The role of the lawyer varies significantly across legal jurisdictions. An important aspect of a lawyers job is developing and managing relationships with clients. The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the clients case, clarifies what the client wants to accomplish, and shapes the clients expectations as to what actually can be accomplished, begins to develop various claims or defences, and explains her or his fees to the client.[1] However, this profession has its own adversity. It is duly acknowledge that a lawyer has a duty of care toward s their client. The breakdown of the fiduciary obligation will leads to misconduct in part of the lawyer. Misconduct can be defined as a dereliction of duty, which is unlawful or improper behaviour[2]. It also means no more than incorrect or erroneous conduct of any kind of a serious nature, and does not necessarily connote moral censure[3]. In legal terms, misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of ones acts.[4] There are some other famous words which also have been used to describe the same meaning of misconduct i.e. negligence, misbehaviour, wrongdoing, and malpractice. Don’t waste time! Our writers will create an original "Professional Misconduct Among Lawyers" essay for you Create order Professional Misconduct General Overview Despite of the promising handsome wedges in return, a lawyer has a fiduciary duty and obligation to his client. The failure to oblige with the duty will amount to breach of duty or legally known as a professional misconduct. In general, professional misconduct can be well-defined as a behaviour considered by the governing body of a profession to be unworthy of member of that profession. This may lead to removal from a professional register[5]. Other than that, it is also known as professional malpractice. It is an instance of negligence or incompetence on the part of a professional. A legal malpractice is a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to render professional services with the skill, prudence and diligence that an ordinary and reasonable lawyer would use under similar circumstances[6]. Professional misconduct was described in Re A Solicitor, ex p Law Society[7] as conduct which would reasonably be regarded as disgraceful and dishonourable by solicitors of good repute a nd competency. In other case of Myers v Elman[8] Lord Wright opined professional misconduct can be regarded as an act of gross neglect or inaccuracy and failure on the part of a solicitor to realize his duty to aid in promoting in his own sphere the course of justice. Misconduct among lawyers encompasses variety of issues related to unethical or illegal conduct by a lawyer. Misconduct of lawyers may include conflict of interest, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.[9] In addition, lawyers are beneficiaries of the privilege of the practice of law and subject to higher duties and responsibilities than non-lawyers. A lawyers fiduciary duties arise from his status as a member of the legal profession and expressed in the applicable rules of professional conduct. The idea of professional misconduct commonly related to the act of negligence in some particular profession such as lawyer. Furthermore, a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s profession is accompanied with statutes which govern the practice of law through its establishment of rules of conduct. These rules are then adopted, sometimes in a modified form, by state courts and enforced by court-appointed disciplinary committees or bar council which the implementation varies by country. Beforehand, there are some elements that need to be fulfilled in order to prove an act of negligence. Mere mistake by a lawyer not easily fall within the definition of negligence. To prove negligence occurred in part of the lawyer, there must be a duty of care owed to the plaintiff which is breached such that damage results.[10] A general theory of negligence liability was laid down there in the landmark case of Donoghue v Stevenson[1 1] namely, à ¢Ã¢â€š ¬Ã…“I owe a duty of care to my neighbour and my neighbour is he whom I can reasonably foresee could suffer injury or damage by my actà ¢Ã¢â€š ¬Ã‚ . The principle in Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case had been further clarified by Lord Wilberforceà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement in Anns v Merton LBC[12] that the principle had to be applied in two stages. The first stage was the determination of whether there was reasonable foreseeability of injury. The second stage was the determination of whether there were any considerations that ought to negative or reduce or limit the scope of the duty or the class of persons to whom it was owed or damages in respect of which recovery was possible.[13] Later, the decision in Annsà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was reconsidered and overruled in Murphy v Brentwood District Council[14] where in that case there was certainly foreseeability of loss in part of plaintiff but proximity was absent. The issue of negligence liability in p art of the lawyer may arise usually when there is deficiency in execution of work for example, if he or she fails to provide competent representation to a client, to act with diligence and promptness regarding a clients legal concerns, or to keep a client informed of legal proceedings. Malaysian View In Malaysia, the legal profession is a fused profession. There is no distinction between the duties of a barrister and that of a solicitor, although in practice it is not uncommon to find certain practitioners merely indulge in solicitors work and some others undertaking solely litigation work. Yet, it does not mean that those undertaking litigation work are immune from negligence suit like in England before.[15] Under Malaysian law, misconduct is committed by an advocate and solicitor if a particular act or omission falls within Section 94 (3) (a) à ¢Ã¢â€š ¬Ã¢â‚¬Å" (o) of the Legal Profession Act (LPA) 1976. As can be seen in the particular section, the word à ¢Ã¢â€š ¬Ã…“includesà ¢Ã¢â€š ¬Ã‚  referring to the examples given are not thoroughly cover all possible misconduct that an advocate and solicitor may commit during the discharge of his professional duties. These are some examples of misconduct provided under the Act are as follows:- Conviction of criminal offence Breach of duty to a court including breach of an undertaking Dishonest and fraudulent conduct whilst in the discharge of duties Breach of the rules of practice and etiquette of the profession Being adjudicated a bankrupt and also contravening Section 33 of the Bankruptcy Act 1976 Giving gratification to any person for having procured a legal business Directly or indirectly procuring or attempting to procure legal business Accepting employment in any legal business through a tout Allowing an unauthorized person to carry on legal business Carrying on any business which is incompatible with the legal profession Breach of any provision of the LPA 1976 or any rules made thereunder Disbarment, striking off, suspension or censure of an advocate and solicitor in the capacity of a legal practitioner in any other country Charging grossly excessive legal fees Gross disregard of clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest Being guilty of any conduct which is unbefitting of an advocate and solicitor Section 117(4) of LPA 1976 further states that any provision in the agreement which states that the advocate and solicitor shall not be liable for negligence or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void. It is therefore submitted that there is a contractual relationship between an advocate and solicitor and a client. The contractual relationship requires the advocate and solicitor to carry out the duties entrusted upon him with due care and skill. Any shortcomings on the part of an advocate and solicitor in doing so would necessarily allow a client to commence a suit in negligence against the said advocate and solicitor.[16] Then it would be up to the court to decide that the said advocate and solicitor was in fact committing negligence. The effect on professional misconduct was provided in Section 94 of LPA 1976 where any advocate and solicitor who have been guilty of any miscon duct shall be liable to be struck off the Roll or suspended from practice for any period not exceeding five years. In Re An Advocate v Solicitor[17], the court recorded a censure and ordered the respondent to pay costs as the solicitor had prepared an affidavit that is untrue, and that is known to him to be untrue. The court held that this to be a very serious offence. In some cases of his kind the appropriate penalty would be either to strike off the offender (if it was a very bad case) or to suspend him for a period of time.[18] Cases on Professional Misconduct Among Lawyers Section 94 (3) (b) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct breach of duty to a court including any failure by him to comply with an undertaking given to a court. In Home Office v Harman[19], a long term prisoner brought an action against the Home Office on the allegation that his detention was unlawful as he was kept in an experimental control unit isolated from the rest of the prison system. The prisoner was represented by a solicitor who had obtained documents in relation to setting up the prison by way of discovery. The solicitor had given an express undertaking that the document will not be used for any other purpose other than the case at hand. However, in breach of this express undertaking, the solicitor had allowed the journalist to have access to the said documents which resulted in the publication of a highly critical article about the Home Office. The Home Ministry then brought an action bef ore the court. The House of Lords held that Harman was found guilty. Section 94 (3) (d) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct of breach of any rule of practice and etiquette of the profession made by the Bar Council under the Act or otherwise. In Lim Soh Wah Anor v Wong Sin Chong Anor[20] the Court of Appeal had occasion to consider the consequences of an advocate and solicitor failing to be present in court on the trial date and also failing to inform the client of the trial date. The Court of Appeal in holding the advocate and solicitor liable in negligence held that it is a fundamental duty of a solicitor to diaries the cases and keep the clients informed of dates and prepare the case with the client. In Saif Ali v Sydney Mitchell Co[21], the plaintiff who was a passenger in a van was injured in a collision with a car driven by Mrs S. He was advised by a barrister to sue Mr S but it turne d out that Mr S might be the wrong party to sue since he was not the one who drove at the time accident occurred. Counsel advised that no amendment of the pleading was necessary and later when the action against Mr S was dropped, it was too late to sue Mrs S. In holding the barrister liable for negligence, the House of Lords was impressed by the fact that the barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence was the failure to advise that Mrs S should be joined as defendants. In other case of Neogh Soo Oh v Rethinasamy[22], the court held that a solicitor who did not conduct a land search failed to inform the client that the land which he wished to purchase has already been gazetted for compulsory acquisition. The court held that the solicitor is liable for negligence for breach of duty of care. In an illuminating judgment, his Lordship Gunn Chit Tuan J (as he then was) held that the defendant had failed in his duty to use reasonable care and skill in giving his advice and taking such acti on as the facts of this particular case demanded of a normally competent and careful practitioner. Section 94 (3) (i) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct allowing any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision which makes him unfit to be a member of his profession. In Myers v Elman[23] illustrates the example of allowing an unauthorized person to carry on legal business of a lawyer. In this case, the respondent was a solicitor on record to one of the defendants. At the close of the case, the plaintiff made an application that the respondent should be ordered to pay the costs of the action on the ground that he had been guilty of unprofessional conduct. It was proved that the respondent had left the conduct of the case in the hands of his managing clerk, who was not a solicitor to prepare affidavit s. The House of Lords in finding the solicitor guilty of professional misconduct held that as a solicitor he could not escaped his responsibility to the court for the proper discharge of his duties to the court by delegating them to a managing clerk who was not personally amenable to the jurisdiction exercised by the court over solicitors as its officers. Lord Atkin further held that the court is not concerned with a breach of duty to the other litigant, but the breach of duty itself.[24] Some of reported cases show that advocates and solicitor may found guilty for misbehaviour and improper conduct in court which leads to the offence of contempt of court. In the case of Re Kumaraendran, An Advocate Solicitor[25], the counsel was defending an accused person charged with an offence under the Corrosive and Explosive Substances and Offensive Weapons Ordinance 1958. The defence counsel was shouting at the witness and had failed to conduct the case with decorum and proper manner. T he learned President, Low Hop Bing recorded the defence counselà ¢Ã¢â€š ¬Ã¢â€ž ¢s disorderly behaviour. The defence counsel later made an application to court for the matter to be heard by another judge. The court then ruled that the advocate had committed contempt of court and committed the advocate to two days imprisonment. Another case of Re TT Rajah; The Law Society of Singapore v Tampoe T Rajah[26], the respondent an advocate and solicitor used grossly offensive and improper expressions and threatening gestures to the defence counsel. The respondent had called the DPP, a government agent, a running dog and the court à ¢Ã¢â€š ¬Ã¢â‚¬Å" a police court, an organ of power. The Attorney General then complained to the President of the Law Society who then instituted disciplinary proceedings. The Disciplinary Committee found the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in court to be professional misconduct and ordered that he be suspended from practice for two years. On appeal to th e court, his Lordship Wee Chong Jin CJ upheld the decision of the Disciplinary Committee. Immunity against Civil Suit Notwithstanding of the cases given, the existence of immunity to advocate and solicitor from negligence liability is still an open question. In England, although a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s immunity from negligence liability has a history of some 200 odd years; its precise formulation was of recent vintage and appeared in some cases.[27] In Rondel v Worsley[28], the appellant had been represented in a criminal assault charged by the respondent barrister on a dock brief. After his conviction, he brought a negligence suit against the respondent alleging that the respondent had been negligent in undertaking his defence, inter alia to reveal and prove that the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s wounds were not caused by a knife and the appellant was not in a the habit of using a knife. The allegation was negligence in failing to put certain questions to witnesses and failing to call certain witness. The House of Lords agreed with the Court of Appeal that no reasonable cause of action was disclosed affirming the rule that the barrister was immune from any negligence liability. Based in this case, there is rejection of the popular theory, which singling out of public policy in the administration of justice as the sole foundation of a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity. A first consideration was that a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to advance his clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest must be subject to a higher duty to the court to assist. In the absence of any immunity would mean that a disgruntled client who has been successfully prosecuted in a criminal suit can raise the issue of his guilt again in a civil suit for negligence against his barrister. This would have the undesirable consequence of retrying the criminal action in a civil action where the burden of proof is very different.[29] Conclusion In the statements of Datuk Seri Dr Rais Yatim, Minister in the Prime Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department (as he then was), published in the newspapers on 30 June 2002, there are almost 400 complaints against lawyers was reported in Malaysia. With the membership of the Malaysian Bar growing at a fast rate (there are now about 10,300 lawyers on the Roll of Advocates and Solicitors), it is conceivable that instances of misconduct have correspondingly increased.[30] The Bar Council shall take a serious outlook of all complaints by the public about the misconduct of lawyers, and shall always taking steps to reduce the number of misbehaving lawyers. REFERENCES Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. Legal Profession Act (LPA) 1976. Re A Solicitor, ex p Law Society [1912] 1 KB 302. Myers v Elman [1939] 4 All ER 484, HL. Donoghue v Stevenson [1932] AC 562. Anns v Merton LBC [1978] AC 728. Murphy v Brentwood District Council [1991] 1 AC 398. Re An Advocate v Solicitor [1962] MLJ 125. Home Office v Harman [1986] 1 MLJ 299. Lim Soh Wah Anor v Wong Sin Chong Anor [2001] 2 AMR 2001. Saif Ali v Sydney Mitchell Co [1980] AC 198 Neogh Soo Oh v Rethinasamy [1984] 1 MLJ 126 Myers v Elman [1939] 4 All ER 484, HL Re Kumaraendran, An Advocate Solicitor [1975] 2 MLJ 45. The Law Society of Singapore v Tampoe T Rajah [1973] MLJ 79. Rondel v Worsley [1969] 1 AC 191 Misconduct of Lawyers. 2002. Malaysian Bar Council. R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember 1986. Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. https://en.wikipedia.org/wiki/Misconduct https://en.wikipedia.org/wiki/Attorney_misconduct [1] Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [3] Webster J in R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember. [4] https://en.wikipedia.org/wiki/Misconduct [5] L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. [6] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [7] [1912] 1 KB 302. [8] [1939] 4 All ER 484, HL. [9] https://en.wikipedia.org/wiki/Attorney_misconduct [10] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [11] [1932] AC 562. [12] [1978] AC 728. [13] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Jour nal. [14] [1991] 1 AC 398. [15] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [16] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [17] [1962] MLJ 125. [18] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [19] [1986] 1 MLJ 299 [20] [2001] 2 AMR 2001 [21] [1980] AC 198 [22] [1984] 1 MLJ 126 [23] [1939] 4 All ER 484, HL [24] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [25] [1975] 2 MLJ 45. [26] [1973] MLJ 79. [27] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [28] [1969] 1 AC 191 [29] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [30] Misconduc t of Lawyers. 2002. Malaysian Bar Council.