Law

The major theme of this paper is corporate law and governance and focused on the more than six cases of English Law in the United Kingdom. For example, the case Wood v Odessa Waterworks Company, Andrew v Gasmeter, Birch v Cropper, Hodge v James Howell  CO Ltd, Greenhalgh v Arderne Cinemas Ltd and House of Fraser plc v ACGE Investment Ltd. These are among the English cases that have been discussed in this paper. This paper additionally observed the flexibility of English law in terms of purchasing and selling shares and the rights held by various share holders. Share redemption is a very critical issue in the routine management of a company and this paper discusses the requirements and guidelines of redeeming shares. The corporate governance plays an integral role in controlling the business operation. This paper analyses the role of corporate governance, and concentrating on The United Kingdom setting as a case study.

1.0 Introduction
Corporate law and governance plays an integral role in the performance of UK economy. I n a bid to effectively understand the performance of the UK economy, the paper tries to authenticate the role of corporate governance in elevating the economy of the country. This involves the social accountability and clearness on their operations. The proper understanding of how the corporate governance performs aid both the emerging and established investors by creating adequate faith in terms of investment security.

UK is known for their flexibility in equity finance laws. This has consequently improved the share investment in the countries by both the local and foreign investors. In cases that the business entity has not been performing to the expectation of the shareholders, the law allows for the redemption of shares. This has subsequently encouraged many investors due to reduced fear of making enormous losses when economy slumps. The inclusion of social responsibility guidelines has aided employment of human, capital and natural resources, which further improves the overall performance of the countrys economy. The paper additionally examines the combined codes that consist of regulations, which guide the performance of listed organisations in UK.

2.0 Critical review of UK Cases
2.1 Financial presumption in the UK, hypothetical and realistic advancements
The financial presumptions are extensively used by most companies and organizations in the United Kingdom notwithstanding the difference in opinion by various intellectuals. In the first instance, the UK scheme is currently under the influence by other developed nations such as United States of America. This is reflected on their monetary marketplace and the officially authorized transformations on the wealth administration and impartiality economic regulations, which are usually solved under the legal courts. The second instance has revealed that United Kingdom has been experiencing stiff anxiety to move in the line of greater supple legislative regulations overseeing capital funding and also equity safeguarding.

The agile loom, which is brought about by certain writers of Economic Law has not taken full use in the UK structure. The conventional facet has been characteristically sturdy in the English Law since the previous centenary. Based on the Wood v Odessa Waterworks Company case, Justice Stirling supported the fact each member has the mandate to contribute to the content of article of association in line with the agreement upshot from section sixteen of the 1862 Companies Act as well as section fourteen of Companies Act of 1985. The English Law provides a freedom of choice of different categories of shares because the assumed criterion is extremely broad, and does not specify the meaning of respect, favourite, and particular rights.

2.2 Structuring Set Privileges Fundamentals of Suppleness
2.2.1 Legislative Regulations
Much stress is put by the Company Act of 1985 on the disparity of set privileges as opposed to authority of share issuance, which is reflected in the English rule. This offers significant feature in the suppleness of asset tools in the United Kingdom. As can be traced from Table A of the 1985 Company Act, there is an establishment of the capability of a company to give out various sets of shares, which differ from the normal set of favoured shares, overdue ones or the ones with particular privileges on their purchase. The examples include but not limited to confines adapted on dividends, selection privileges and return on assets among others. One of the mostly stressed limitations comprise of non premature negative judgement on some particular privileges, which had been bestowed in the previous incidences.

2.2.2 The case of Andrew v Gasmeter
This case revealed the aspect of suppleness in the English company rule. In the previous years, among the major codes of corporation rule was that in the nonexistence of articulate prerequisite in the novel statute parity of shares was an indispensable circumstance. Additionally, there was a belief that this stipulation could lead to some difficulty in the modification through amendment of the articles of association.

Some of these codes barred companies from providing shares that are superior to the ones provided in the previous instances. This code consequently blocked companies whose innovative articles of association offered sustained parity of the entire shares, as of organizing the assets through the issuance of a set of shares. In the case of Andrew v Gasmeter, the permitted assets of the company stood at Great British Pounds (GBP) 60,000 as reflected on the memo of a company. This rule offered for the freedom of capital increment devoid of specification of the
. There should also be the proper division of the investment into different shares, and the article of organisation as opposed to memo should show the privileges that the shareholders have on their various amounts of shares

2.2.3 The assumptive code of impartiality among shares
The code which was entrenched in the case of Gasmeter was additionally extended in the case of Birch v Cropper. Following the commentators arguments, there was an implication that companys statute did not position shares evenly and nonetheless a supposition that every share benefits from even privileges in the case of Gasmeter. The assumption may be overcome in the case of articulate offer to the converse in the conditions of subject.

In the case of Birch, the House of Lords upturned the verdict, which was formerly held by the Court of Appeal. The statement that was issues was that all shareholders are allegedly graded evenly. The item of Bridgewater Navigation Company (Bridgewater) had a section that supported the payment of dividends depending on the amount per share but closing down the company remained vague.
Lord Macnaghten passed that the favourite shareholders are different from debenture-holders, and therefore require different treatments. The English Law presumably grade all shareholders evenly, especially in the circumstances that there is no specification on the privileges that other grade of shareholders belong. This is done in terms of dividends, return on investment and the privilege to vote. Viewing at the Birch Case from the business point, there is permission of evasive regulations for investment privileges. For example, following the reimbursement of paid investment, there is equal division of the remaining amount to the shareholders. This regulation supports the fact that companies have the liberty to alter their articles of association as per their fiscal constitution.

2.2.4 Determining tentative circumstances Assessment in support of agile impartiality funding
The English Law provides some vagueness regarding some classes of shares. This confusion of classification of shares has been creating ambiguity in terms of sharing dividends among the potential shareholders in the United Kingdom. This perception of kinds of shares is inexorably connected to the discrepancy of privileges. In an instance where the adjustment in the investment organisation of companies is put into consideration, shareholders may appeal to section 125 of Company Act, 1985. This stipulation calls for an inscribed authorization of 75 of the share price of the apprehensive kinds or sanctioning of the unexpected assembly of shareholders. This gathering is organised prior to the difference of privileges of the kinds of shares, which can be possible completed.

According to the English Law, the inscribed authorisation is used as a tool to block the company director who may desire otherwise to offer novel shares on the fiscal marketplace more frequently. In the consideration of the case of Hodge v James Howell  CO Ltd, the share investment was separated into two different kinds of shares, which included normal and favourite. The favourite shares were supposed to be superior to normal shares and the difficulty in deciding on the disparity issues of share privileges of the normal shareholders. This issue could have been rejected by the Court of Appeal based on the concern of the company that prevailed during that time. This ruling further underprivileged the holders of preferred shareholders the privileges and defence, which was a major, issue but nonetheless, the companies acquired more elasticity in their operations.

The consideration of the case of Greenhalgh v Arderne Cinemas Ltd, there was an issue of subdivision of shares into smaller divisions. For example, the tens shares were to be subdivided into twos shares, which was arguably altering the privileges of the normal shareholders. Greenhalgh retained a bigger proportion of twos shares, which puts the company at the control of over 35 of the ballots. Even though a normal agreement dividing the tens shares into twos shares was voted by the owners of tens shares. Lord Greene MR discarded the declaration of Greenhalgh that the privileges appending to twos shares was mottled by the said decree.

Lord Greene MR summarized the ideologies into two types. The first ideology is that shares that had dissimilar small prices could not be included in the description of kinds of shares. The second ideology held that the transformation in managing of a company could not be measured as a disparity of privileges. The relevancy of this ruling was supported by two justifications first, the judges gave much fondness to the concern of the company in cases of indecisive circumstances. Second, the judges purported that an extensive elasticity on investment funding should be maintained and the change in investment organisation should not consequently give rise to disparity of share privileges.

The case of Re Saltdean Estate CO Ltd provides an instance in which the United Kingdom judges took a stand that favours elasticity of investment funding. Every year, the favourite shareholders of the company were allowed to contribute in the equilibrium of incomes following a ten percent favourite dividend and a corresponding amount in bonus on normal shares was compensated. Nonetheless, favourite shareholders were denied the privileges to take part in extra investment in the instance of closing down .

Justice Buckley considered various perceptions concerning the liberated haggling advancement and also the predicaments regarding the balance amid obligatory and evasive regulations. Justice Buckley further provides a restrictive analysis of section 72 of Company Act, 1948, which was transformed to section 127 of Company Act, 1985. The argument was that certain business rivals put dependence due to the relations to the shareholders privileges to go against the difference.

In the same way, the case of House of Fraser plc v ACGE Investment Ltd, the House of Lords advocated the code included in the Re Saltdean, and argued that in the case of fulfilling and satisfying the privileges of shareholders, the disparity of such privileges stop to subsist. Hence, the anticipated annulment of the first choice shares involved the completion or contentment of short-lived privileges of the potential shareholders and some difference of their privileges. The disparity of privileges presumes the continuation of the share privilege, the disparity of the privilege and the successive continued subsistence of the privileges as diverged.

2.3 The supremacy of share recovery
2.3.1 Universal stipulations and various predicaments of elucidation
According to the English Law, section 159 (1), Company Act offers the corporations the liberty to give out shares, which can be recovered or legally responsible for recovery at the expense of the corporation or the investor. In spite of the extensive modus operandi espoused by item (1), there was a provision of three frontiers. First, the corporation have to be endorsed by their editorials. Second, issuing of exchangeable shares should be put in halt at times when the corporation have no exchangeable shares. Three, redeeming shares should not be allowed unless completely compensated. Based on the monetary viewpoint of the law, these frontiers raise the implication such as bargaining amid the investors on how shares should be redeemed.

According to the English Law, section 159 (1) of Company Acts approval editorial denotes that all the investors in a company are bound to be aware of the business deals that are taking place within the company premises. This law prevents companies from redeeming their own shares to turn out to be the full owners, and hence exploiting other emerging investors. Section 162 (3) of Company Act also denotes that a company should not be allowed to buy their own shares provided no associate of the said corporation will be investing in shares except exchangeable ones or coffers shares. This English Law has resulted into a wider elasticity in the companies economic organization because of the equal capability to buy exchangeable shares out of the recovery system.  

2.3.2 Broadening the authority of share recovery
The imbursement terms of shares recovery is enshrined in the Company Act of 1985. Even though the terms are in fact obvious, some arguments in the exact meaning are still an issue. Some law translators of the English Law argue that the imbursement of recovery entails only cash as a single means of settling the bills, which was ruled against by the recent cases. For instance, in the case of BDG Roof-Bond Ltd v Douglas, there was an entire breakdown of the association amid the 50 investors. Consequent to the implementation of the agreement, BDG succumbed to liquidation and the responsible individual took deed beside the guardians advocate. This was based on the negligence of the company guardians, and thus failing to offer proper advice on the invalidity of the company shares.

2.3.3 Pena v Dale
This case dealt with the predicaments regarding the expansion of authority over shares recovery. The interpretation of section 159 (3) of Company Act, 1985 was very controversial, especially between individuals who claim and the ones who defend the shares. The legal representative for those who defend made a conversion that condition of buying have to offer for imbursement on procuring. The further contention purported that the acquisition of the entire funds should be waged for on conclusion. There is no room for delayed imbursement but instead allows only imbursement in two parts, an instance of Sulakhan Dale, one of the company investors.

The conversion was not established by the lawyer of Dale, which is an establishment of section 159 (3) of Company Act, 1985. In the first instance, section 164 of Company Act, 1985 covered the procurement of investors shares by a corporation, which should follow the agreement, accepted prior to the real deal. According to section 159 (3) of Company Act, 1985, conditions of procurement have to offer imbursement recovery. The implication is that the contract offers that on the procurement of shares, the retailing investor shall be paid. However, complete imbursement is not recommended at the very instance of completion of procurement.

3.0 The UK Corporate Governance
Corporate governance comprises of a group of actions, traditions, strategies, rules, and organizations distressing companies are engaged, governed or guarded. Corporate governance is a scheme in which firms are under control and direction. The design and responsibility, which includes but not limited to the organization and procedures that enable corporations to be effectively managed as per the requirements of their proprietors falls under corporate governance.

3.1 The responsibility of Board of Directors
The success of a company is highly dependent on the Board of Directors. This is because the Board holds the imperative role of making substantive rulings that are solely aimed at uplifting the corporations performance. The Company Board is charged with not only hazard management but also routine operational guidance. For this to be effected there is need for adequate representation of administrative, non-administrative, and autonomous non-administrative managers in order to circumvent deliberation of authority and impartial resolution building.

3.2 The Investors and the Board of Directors
The effective relations between the investors and the Board are very essential in terms of proper management of a company. Some of the factors that should be observed as a yardstick in checking such a relationship comprises of intelligibility and responsibility. The provision of statistics about the occurrences in the market to the company is very vital, which heightens knowledgeable conversation and credible judgment procedure. The investors are consequently required to dedicate adequate moment and then offer efficient contemplation to the statistics offered. This in turn aid judgments procedures, which subsequently improves the performance of a company.

3.3 The United Kingdom governance and the code
The corporate governance is purposely to aid efficient business and practical administration, which is aimed at sustainable performance of a corporation. The initial English Code on corporate governance was created in the early 1990s. Te exact year was 1992 by the Cadbury Commission. According to section two of Code, corporate governance is a scheme which involves the direction and control of corporations, with the responsibility bestowed on the Board of Directors.

3.3.1 Headship
Each corporation require appropriate leadership that is cooperatively accountable for the better sustainability in the ever dynamic market conditions. A distinct clarity is required between the role of the Board of Directors and the top management team in a company to avoid the conflict of interests. For example, the chairperson is held accountable for running the matters of the Board. However, non-administrative associates are supposed to helpfully confront and assist widen suggestion on policies.

3.3.2 Efficiency
The Board of Directors and their commissions are supposed to appropriately achieve balancing abilities, knowledge, autonomy and experience in the firm. This phenomenon permits the Board to perform their duties efficiently. The entire Board team must undergo orientation training about the operations of a given company in order to perform their responsibilities to the best standards.  The selection of the Board of Directors is subjected to customary voting, which is a question of agreeable presentation during their tenure in office.

3.3.3 Responsibility
The Board is charged with the responsibility of reasonably evaluating the firms situation and visions. This involves the determination of the type of potential uncertainties and perils that may dog the company and hinder their achievement of laid strategies. The effective peril execution and the interior organization scheme is a responsibility of the Board. The establishment of official and clear preparation of business presentation and peril administration is a vital role that the Board of Directors should deal with effectively in a bid to maintain the image of the company.

3.3.4 Payment
The payments rates should be appropriate to maintain and inspire managers to perform effectively and consequently improving the general performance of a company. Even though wages and salaries have been successfully used to attract, maintain and inspire human resources of great expertise, overpayments for this course may be hazardous to the companys sustainable development. Transparency in initializing policies on top management payments is very integral to the performance of a company and no sole decision on payment by any manager should be accepted.

3.3.5 Relationship with investors.
The companys goals should be clearly spelt such that the potential investors enter into an agreement after adequate realization of whatever the corporation wants to achieve. This in turn saves the company from unnecessary legal tussle with the shareholders, which may tarnish their reputation. The best forum for addressing such issues is the Annual General Meeting, which can be held ones a year as per the Company Act. This forum is used by the Board to create a better rapport with the shareholders on issues such as shares investment and dividends.

Conclusion
The English Law of equity funding are extremely elastic, hence enabling the investors to nature the investment monetary tools in an extra effective mode. The suppleness of the English Law is attributed to the advancement of capital shares. Under division 162 (A) up to 162 (G), of Company Act, 1985, the corporations are permitted to possess and consequently sell off their individual shares instead of requiring the mandatory annulment of the shares. The countersigning charges can be circumvented through the use of dealers to retail capital shares in minute proportions. The UK corporate governance has played integral roles in shaping the business in the region. For example, the banking sector in United Kingdom seeks to create equilibrium between creditors and shareholders.  This form of corporate governance that comprises of practical responsibility on the side of the controller in harmonizing the benefits of the diverse investor clusters may offer various instructions for those concerned in the corporate governance argument in the non-monetary region.

A trade mark implies any sign that can be represented graphically and is capable of distinguishing goods or services of one undertaking from those of other undertakings. In particular, it comprises of words, designs, letters, numerals or the shape of goods including their packaging. In this regard, Malwanski (2003) state that Intellectual Property Law gives general protection to patents rights, trademark rights and copyrights, in the sense that patent rights, trademark rights and copyrights constitute intellectual property.

It is a point of worth to clearly affirm that Trademark confers rights that prevent third parties from interfering with such rights. However, there have been controversies regarding the same. Holding onto this line of thought, this study shall critically evaluate the Trade Marks Act particularly section 10(4) (c) and section 12. Additionally, the study will evaluate several statute and case-laws in the light of the two sections. Several themes will be explored, such as, the validity of intellectual property law rights of trademark holder and limitations of such rights as well as exemptions.

Trade Mark Act
Trade mark Act spells out the rights of a trade mark holder, how to safeguard them and how to claim them in the event they are infringed. This section will critically evaluate section 10 (4) (c) and 12. Article 10 indicates the infringement of registered trade mark. Infringement occurs if a trader uses a sign or symbol on his goods or services and yet the same trade mark is identical to other goods or services for which it is registered. For example, automobile a manufacture making saloon cars is not supposed to brand hisher cars with the symbol for Ford, Toyota or Chrysler, because trade mark Act deems that as illegal. Moreover, this infringement occurs if the trade mark used on goods and services is similar to those, for which the trade mark is registered, especially usage within similar products. In addition to that, it is also worth noting that infringement of a registered trademark occurs when goods and services used are not similar to those which the trade mark is registered. Additionally, a person uses a sign by affixing it to goods or their packaging or whenever he launches them in the market. More importantly a person uses a sign if he imports or exports goods under the sign.

On the other hand, Article 12 indicates the exhaustion of rights conferred by registered trade mark. Infringement of a trade mark does not suffice by using the trade mark in relation to goods that have been put in the market and within the parameters of European Economic Area under that trade mark by the proprietor or with his consent. On the contrary, this does not apply if there are legitimate reasons for the proprietor to contest further dealings in the goods. This occurs if the conditions of the goods has been altered or impaired in the event they have been put on the market.

In general, Section 10(4) (c) of the Trade Marks Act (TMA) grants the rights to a trademark owner to prevent the importation of goods under his mark. Section 12 of the TMA however provides a defense to such infringement under the exhaustion of rights principle.

Once the trade mark has been registered it becomes a property right to the trade mark holder so long as its registration process adheres to the requirements of the Trade mark act. Moreover, the trade mark holder has all the rights in the trade mark and can sue any party that violates such rights without his consent. These rights take effect from the date of registration or better still the date of filing of the trade mark application.  So, there can be no accusations of infringement if this occurs before the actual date of registration.

As can be seen, the proprietor gets all the exclusive rights as regards the trade mark and any case of infringement can be settled in a court of law. Looking at section 10 (4) (c), it has been stated that the proprietor can prevent trading of goods or services with his trademark. Section 12 counters this position by stating that the rights holder can allow the importation of goods or services through consent and, if the goods or services trade within the European Economic Area. It goes ahead to purport that the rights holder can prevent further dealings of the goods if he feels that such dealings are not fair to the product.  

Clearly, section 12 conditions the rights of the trade mark owner although it does not purely deny him such rights. It is important to clarify several issues in section 12 what does it mean to trade goods in European Economic Area To what extent does consent of the trademark owner entail What leads to the mishandling of goods upon their being put in the market What exactly are the rights of a trade mark owner These are the fundamental issues that one needs to look into.

Exhaustion of Trade mark Rights
In a pedestrian language, rights cannot be conditioned to external factors since by virtue of themselves they are not to be violated or overruled. Again, rights take different forms in that they can be classified as natural, congenial, positive, alienable or inalienable rights. In this regard, it seems a contradiction in terms to say that one has a right to this and at the same say that the same right may not apply in this or that condition. This is where the borne of contention arises whenever considering the rights granted to a trade mark owner. The trade mark act states very clearly that the proprietor acquires those rights on the date of filing of the trade mark. Seemingly, these rights incline more to the prevention of other parties from interfering with the trade mark. For instance, trading with such a trade mark or selling goods that do not relate to goods under which the trade mark was registered. Illustrative examples can be better placed to argue this case out clearly and precisely. For instance, consider the following example trader A registers a trade mark namely Safaricom trader B designs other products but puts the trade mark, safaricom on them. In this case, trader A can sue trader B for violating his trade marks rights. Consider this other example trader X registers a trade mark toto on school bags that he releases in the market during back to school shopping trader Y seeks trader Xs consent to use his trade mark and comes up with school sweaters but puts the trade mark toto. In this case trader X can sue trader Y for violating his rights because of use of trade mark for the wrong reasons.

A trademarked product lawfully enters the market if the trademark proprietor manufactured the good and sold it voluntarily by either placing it in a store or through other channels. In most cases, the buyer may decide to resell it at higher value with a view to make some profit. This reselling can take place in the buyers country, region or in a different country. Now, such products will be resold together with their trademark. This implies selling a trademarked product which in commerce implies use of the trade mark. In this event, the trade mark owner can block the reselling of such product and accuse the buyer of trademark infringement. Various countries have resorted to exhaustion of such rights in order to bar the trade mark holder from manipulating the reselling of his product.  

In this sense, a trademark holder cannot claim any infringements if his product entered legally in the market. Now, turning back to section 12, it derives validity whenever one thinks of the universality principle. This principle legalizes grey markets and parallel imports. But, it fails to recognize that countries have diverse legal systems. By virtue of the territoriality principle, trademarks are regarded as national matters. This means that legality of trademark applies in the country where it is registered. In this context, grey markets can be prevented moreover, the trade mark owner can control the rights of its distribution in that market.

Therefore, it would be of no relevance for one to have an identical trade mark while in another country that is the originator of the grey market product. In support of this opinion, it is because trade mark requirements would be as per that countrys national affair. As a result of this contradiction, this principle can undermine fair situations as well as feasibility in developing common markets, especially in the European Union.

It is important to note that the exhaustion principle has two variations namely exhaustion in local good will and exhaustion in commerce. In the latter case, once the product has been sold for the first time the trademark proprietor loses his rights. The argument is that since the trademarked product is legally in the market, then its parallel import is also legally justified. In the former case, local goodwill applies to a domestic holder who manages to develop a substantial goodwill in the market for a foreign trademark. In most cases, this local goodwill surpasses the goodwill linked to the trade marked goods themselves. It can be argued and justifiably so that the trademark as found locally does not identify with the manufacturer either in law or in fact.

Exhaustion in European Community
According to Attilio (2000) reports that European Community advocates for free flow of goods between the Member States. Therefore, from a simplified understanding of implied perspective, Trade mark, patents and copyright can be a hindrance to this end. In this regard, there are various restrictions that have been advanced to regulate such rights. The main restriction was geared towards harmonization of the laws of the Member States of the European Community with respect to trademarks. In addition, this was later modified by Annex 17 of the European Economic Area Agreement which had the following provisions

The trademark holders rights shall not prohibit usage of the goods which have been put on the market especially if there exists a contract under that trademark moreover, if this contract involves the proprietors consent.

Looking at the above assertion, it can rightly be argued that whenever trademarked products get launched in the market within the confines of European Economic Area and with the trademark owners consent, he will therefore have no rights to oppose the import or re-import of the said product into another country in the European Economic Area. In the same respect, the European Court of Justice interprets this clause as follows

The exhaustion of trademark rights only apply in situations when there trademark owner gives consent furthermore, this provision applies across all Member States including their domestic law as pertains to trademark rights. It is important though to note that, for there to be consent, it must relate to each individual item of the products in respect of which exhaustion is pledged.

In this regard, the exhaustion policy only applies to products that are legally put in the European market. Despite focal on European Market, the member states cannot reinstate more liberal exhaustion laws like in the case of allowing worldwide exhaustion. For instance, if a trademark holder put the product on the market in Asia without any restrictions, he will have the rights to block parallel import of the product at European boarders. On the contrary, if the trademark holder put the product on the market in countries like Scotland or Belgium, he will have no rights to block parallel import to a country like Netherlands and the same applies to re-importion from the Netherlands back to Belgium or Scotland.  

Critical Evaluation of the Trademark Act
Section 12 of the Trademarks Act is somewhat self-contradictory. In other words, it is not consistent with the spirit of the intended rights of the trademark holder. On one hand, it states that the trademark holder has no rights to block parallel import or re-import of the trademarked product if this takes place within the Member States. On the other hand, it states that the same trademark holder has rights to block import or re-import of the product if this takes place outside the Member States. The former case is utilitarianism because it is geared towards an economic interest within the Member States. Critically, this statement clearly shows that European countries do not have the interest of the trademark holder but their interest mainly how much the Member States can benefit. This in itself is good because it seeks to promote the good of the European Community. In other words, it operates within the principles of economic solidarity so to speak. Thus, body becomes useful in meeting objective aimed indicating unity and common purpose. The challenge is that this unity suppresses the rights of the trademark holder.  In fact, universality principle does not take into account the consent of the trademark holder. Section 12 clearly, undermines or disregards the consent of trademark holder, and to this extent it suppresses his rights.

If it is the case that a trademark holder cannot block the trading of his trademarked product if it takes place within European Economic Area, then he has no trademark rights to the product, which is all. Again, if it is the case that a trademark holder can block the trading of his trademarked product if it takes place outside the European Economic Area, then he has rights to the trademarked product. This is the contention as regards the rights of the trademark holder. So, in the former case, what rights does the trademark holder have It was mentioned earlier that once the person registers the trademark, the rights to it start from the date of application, period So, what are those rights if the product cannot be blocked within Member States The Trade Mark Act should be clear on this. It should substantiate the kind of rights conferred on that event of registration. At least, it should state that the rights conferred to a trademark proprietor at inception only apply to situations not within the Member States. This should be stated from the beginning and not provided in the later sub-clauses to avoid possible misinterpretation.

It can be argued and justifiably so that trademark rights should apply in all instances both domestically and internationally. It should safeguard the holder upon any malicious misappropriation of the trademarked product in the local settings. Further to that, the trademark holder should be compensated any time his trademarked product is of benefit to the Member States. The Trademark Act does not elevate the trademark proprietor neither does it spell out the compensation procedure for the use of his trademarked product. One of the ways to penalize attempts to benefit from the intellectual property rights of another person is by making up for losses incurred by the owner. Section 12, therefore, does not consider that Member States potentially could misappropriate the product or they could be a barrier to the financial gains intended by the trademark owner.

Every entrepreneur has a vision. In this context, the Trade Mark Act must respect the wishes, objectives and scope of the entrepreneur. He is the inventor and has sole rights to direct how his product sails in the market. However, this does not mean that he is exempted from certain legal regulations like product safety and custom duty. The main point here is that, the spirit of entrepreneurship surmounts the spirit of Member States.

In general, section 10 (4) (c) and section 12 refute each other by limitation. They can be considered as two statements that serve as counter arguments and refutations to each other. Principles of Logic demand that an instance which refutes A, makes A invalid and no-entity. Assuming that this instance is B, then upon refutation of A, B gains validity and it becomes an entity. In so doing, it replaces A, not unless A provides a refutation which again makes B invalid and no-entity. This analogy can be applied in the two sections contended in this study.

So, if it is the case that a trademark holder can prevent the import or export of goods bearing his sign and it is also the case that he cannot block import or export of goods bearing his sign, if this is done within the Member States, then section 10 is null and void. There should be an amendment to it. So long as section 10 applies and remains authentic then section 12 literally denies the rights conferred to the trademark holder in section 10.

Case Analysis
Perry v Truefitt
This case prohibits another person to sell his own products and at the same time insinuate that the goods are of another trader. This is well entrenched in the passing off policy which actually led to the modern Trademark Law. It essentially safeguards the goodwill and reputation of a business.

Additionally, it safeguards the public from accessing low quality products advanced through deceitful procedures.

Section 12 does not take into consideration the goodwill of the trademark holder. In deed, it cannot be assumed that there are not deceitful motives within the European Economic Area. To what extent does section 12 safeguard the goodwill and reputation of the trademark holder Clearly, this does not come out very well. There is a very big possibility that some Member States may take advantage of the situation and trade the trademarked product under the pretence that they are the goods of another trader. To reiterate, how does the Trademark Act (section 12) intend to control such an occurrence
Nice and Safe Attitude v Piers Flook

This case illustrates the extent in which goodwill can go. It is laudable that a trademarked product enjoys rights that prohibit misappropriation of the product in the Diaspora. Nice and Safe traded with a logo similar to NASA logo without the consent of NASA. Eventually, NASA allowed Piers Flook to use this logo, a move that was challenged by Nice and Safe. This is an indication that goodwill need not be acquired rightfully to be protected even against the originator of the trademark. Passing off actions safeguard goodwill arising from well known international companies. Moreover, it does not matter if they trade in the European Economic Area. It is up to the claimant to defend that their goodwill is well established in the UK.

Section 10 is in line with this claim since it protects the trademark holder from importation or exportation of products with his sign if without his consent.  

Law Society of England and Wales v Griffiths
It is believed that for there to arise goodwill claims there must be an element of trade in two similar activities or two similar customers. In other words, there has to be a common ground in terms of activity. This case involves two claimants where one of them (X) had phone line P1 as 0500192939 whereas the other claimant (Y) acquired phone line 0800192939 which was X line. The two claimants were involved in common trade and so the move by claimant Y was actionable. However, it is important to note that passing off action do not apply to professional trading, for instance, Law Society.

This understanding can be applied to section 12 so that it does not suppress the rights of the trademark holder in less essential matters. It should only extend to those matters involving trade between two beneficiaries or customers.  Then, it should safeguard the goodwill of the trademark holder on matters outside this context. Moreover, the spirit of Member State should not dominate in all inventions or trademarked products. This may kill the efforts of future entrepreneurs who may feel that they creativity will not benefit like in the case of communism.

Conclusion
In conclusion, the paper has discussed in a detail the account of Trademark Act accompanied by various cases. The paper has identified a Trademark as any sign that can be represented graphically and is capable of distinguishing goods or services of one undertaking from those of other undertakings. According to the Trade mark Act, the Act spells out the rights of a trade mark holder, how to safeguard them and how to claim them in the event they are infringed. Importantly, article 10 of the Act indicates the infringement of registered Trademark occurs if a trader uses a sign or symbol on his goods or services and yet the same trade mark is identical to other goods or services for which it is legally registered.

Although Section 10(4) (c) of the Trade Marks Act (TMA) grants the rights to a trademark owner to prevent the importation of goods under his mark, Section 12 of the Trademark Act however contracts right of trademark holder, because it provides a defense to such infringement under the exhaustion of rights principle.

Therefore, this infringement is propagated by the contradictory clause and the profit driven motif of the European Area is the bore of contention regarding the Trademark Act.  Indeed, the Trademark laws should protect the rights of the trademark holder from arbitrary infringement. For instance, a third party trades goods as if they were his own without the consent of the trademark owner. This indirectly legally permitted by the Trademark Act as since some sections violet clauses of the same Act.  On the other hand, infringement occurs if a third party trades goods registered under a Trademark for the wrong reasons. Section 10 and Section 12 come out as counter arguments and due to this, it violates the rights conferred to the trademark proprietor as stated in section10. However, section gains credibility whenever one thinks of monopoly.

It is a point of worth to note that Trademark rights should not lead to excessive monopolistic attitudes. Exhaustion of rights is one way to achieve this. Moreover, it liberalizes economy so that other there is mutual benefit.  In general, section 12 is a good law, but it needs to be reviewed to strike the balance. The situation is made worse by the fact that the states within European market are interested in their own gains rather than genuine concerns of the trademark holders.  Moreover, sections 12 of the Act do not take into consideration the goodwill of the trademark holder, thus, making it possible for illegal use of the trademark. Therefore, in my opinion, the Act needs strong amendment to protect trademark owners as well as emphasizing the role of the states especially within European Union in encouraging them to uphold the rule of law regarding Trademark.

The word terrorism is derived from the word terror which means to instill fear or cowardice in someone. It also means to carry out acts that are considered inhuman with an aim of punishing or making life difficult and unbearable for the recipient of the terrorist acts. Terrorism is broad in its scope and it is for this reason that there has not been a specific definition for it. Even though there is yet to be a universally agreed definition of terrorism, there seems to be a unanimous agreement on the key components of terrorism. Some of these components include coercion and violence. Many studies have been conducted to unearth what causes terrorism, the tactics used by terrorists and targets for terrorist attacks. This discussion seeks to delve even further to find out what aspects drive terrorism.

Objectives of Terrorist attacks
There are a number of objectives with which terrorist attacks are committed. The main aim as already mentioned is to instill fear in the target party. Acts of terrorism are meant to make one afraid so that they do not continue with a particular state of affairs that may not be favorable to the attackers. Terrorism therefore is used to ensure that there is widespread fear.

Terrorist attacks are also meant to create attention especially in the media so that the group responsible for the terrorist attacks can be recognized. Acts of terrorism are also carried out as a way of weakening embarrassing and harassing the government through its security agencies by making it appear powerless and repressive. As a result, the government ends up overreacting and is thus subjected to public ridicule.

Thornton, in his book, Terror as Weapon of Political Agitation, argues that one of the main objectives for terrorist attacks is to build morale within the terrorist group. Whenever they carry out the deadly attacks, the terrorists feel that their impact in the society is felt and this makes them feel significant within their organization. Terrorism groups also engage in their dubious activities as a way of provoking some form of response or feedback especially from the government. It is thus sometimes used as a way of making known the grievances of a particular group to the government.

Tactics
Terrorist groups have a number of tactics they use in carrying out their activities. Their tactics are such that they are not easily suspected by the law enforcement agencies. Terrorism mainly comes as a result of unresolved conflict especially between the terrorist group and the government in power. The terrorist group therefore attempts by all means to frustrate any efforts by the government. This they do in a number of ways. Some of these tactics include religion fanaticism where people are sort of brainwashed to join certain religious groups which tend to control the manner in which people think and make their decisions. They therefore brainwash people into thinking that the government in power do not have their best interests at heart and this leads to rebellion against the government by the people.

At times, terrorist groups can declare open opposition to the government of the day, as a tactic of carrying out their motives. For example, the very recent attack on the capital city of Uganda, Kampala, is said to be linked to Al Shabab who are opposed to the provision of peace keeping troops in Somalia. Other tactics include depriving the population of their basic economic needs so as to lead to a public outcry. At times, the terrorist groups can impose that there should be only a certain form of government as opposed to the form of government that currently governs a certain country. For example, in Somalia, the Al Shabaab group has been very opposed to the government of Somali and they have made several attempts to take over the government.

Targets
There are various targets that a terrorist group may have depending on their motives. It also depends on the ideologies and beliefs held by the group. For example, a terrorist group that is opposed to a certain religion will always target areas that are frequently visited by that group. If it is a multinational company that is at the center of controversy, then top officials may be targeted by the terrorist groups.

New Terrorism
This term was coined after the September 11 2001 attacks which resulted to death of at least 3,000 people. Although there is not much that has changed in terms of tactics and objectives with the coming of new terrorism, it is believed that this new concept is more destructive than the former. This is because, while old terrorism aimed at creating attention and making known to the society that the group exists with as little damage as possible, new terrorism aims at creating destruction that is devastating and they will go to any measure to achieve their motives. This means that they objectives of terrorism have changed with coming in of new terrorism.

Something else to note is that new terrorism is quite organized unlike old terrorism. New terrorism has a hierarchy of command and there are various ranks which move horizontally rather than vertically. New terrorism is also bended on religion more while old terrorism was bended on political ideologies. With several recent attacks being linked to the Al Qaeda group, these distinctions seem quite true. However, looking at the two concepts from a critical point of view, we note that indeed there is not much difference especially in terms of tactics and target. The new terrorism may seem to have changed the manner in which the dubious activities are carried out, but the underlying principles still remain the same.

Role of the Media in Terrorism
The media is a powerful tool of communication especially to the public. This is so because it is able to reach multitudes of people which other forms of communication may not be able to. For this reason, the media has for along time been used by terrorists to advance their propaganda and other terrorism activities. A good example is that of   Osama Bin Laden who has always used the media to communicate the threat and hate messages by the Al Qaeda group.

Due to the number of people the media is able to reach at any given time, the role played by the media either in stopping or encouraging terrorism is quite tremendous. The language used by the media for instance, when they are reporting on terrorism matters greatly. The words they choose will depend on how the audience of the news will react. A couple of studies have been carried out to establish the relationship that exists between the media and acts of terrorism. On more than one instance, the relationship between the media and terrorism has been described as a symbiotic one. This means that they depend on each other either wholly or partly and that none of the two is considered complete without the indulgence of the other. The symbiotic relationship exists in this manner that terrorist groups usually use the media to pass their message across to the target groups. On the other hand, when the media receives information from the terrorist groups it is treated as exciting as it will catch the attention of the public hence the media becomes popular.

Janny de Graff, in his book Violence as Communication, asserts that more often than not journalists tend to adopt the language of their sources. This means that whenever a journalist interviews a terrorist, there is a high possibility that the journalist will unknowingly pick the language of the terrorist. If then the journalist will use the same language to report to the public, there are high chances that such a report will result into a public uproar.

Terrorism has major impacts on any given country. It is therefore important that governments of all countries guard jealously against terrorism to ensure that all their citizens are protected. Terrorism has seen great countries especially in the Middle East tumble down. It is not possible to overemphasize the importance of guarding any country against terrorism. It is one of the main ways of ensuring that a country does not fall apart

The current business operations have been faced with a lot of challenges ranging from legal, competition to environmental factors. Due to some individuals and companies desire to outdo their competitors in the business arena, they have negatively interfered with the internal operations of other businesses. In this regard, the affected companies have taken legal steps which are aimed at being compensated for damages. In addition, use of courts to solve disputes has been one of the avenues through which judges creates a precedent which act as the guideline to be followed in future related cases. This paper seeks to analyze the case between Ivor and Justin which took place in County court, one of the small claims court.

As mentioned earlier the case comprised of two parties including Ivor who was the claimant and Justine, the defendant. One of the particulars of the claim stated that Ivor lent Justin 900 in order to assist him to settle his electricity bill. The period of the repayment was 14 days. In addition, the claimant was entitled for 8 interest on the money lent. However, the defendant has not repaid the money to the claimant despite a continuous remainder by the claimant in the form of written as well as verbal communication. The claimant therefore took this legal step in order to recover 912 which included the sum lent to the defendant and the interest. Likewise, he wanted the defendant to compensate him for the costs incurred in the process of undertaking the legal procedure and during communication with the defendant.

The second procedure which followed the case was the signing of the statement in support of the truth by the claimant. This statement entailed self declaration by the claimant that all the particulars of the claim are true and the court should deliver the judgment based on two aspects from the defendant. The first aspect was that the defendant was grateful for the money he was lent to the extent that he promised to repay the money through a letter he sent to the claimant. Secondly, according to the claimant, the defendant had no solid prove which could make him defend the claims against him.
The application of the court affidavit by the claimant was another significant issue which I experienced in the case. During this case, the claimant wanted to be granted a charging order by the judge against the property owed by the defendant. According to the claimant, he had reliable information regarding the assets owed by the defendants. These included a large parcel of land which can be used by the court as the basis of giving the claimant a charging order. The defendant on his part signed an application of stay out of execution statement through which he maintained that the information in his application to set aside the court judgment had adequate and true information as to why the court should terminate the case against him.

The application of setting aside the judgment stipulated that the defendant was not issued with a written notice regarding the proceedings of the court. Similarly, the defendant stated that due to the failure of the court to issue him with a notice on the judgment day, the entire costs of the application was supposed to be settled by the claimant. In this regard, the defendant requested the court to allow him to defend the ruling of the court. The defendant issued a defence to the court and to the claimant in which he denied the allegations against him by the claimant as stipulated in the particulars of claim. For example, he claimed that the money lent to him was a gift and no repayment agreement was reached between him and the claimant. Secondly, the defendant maintained that he is not liable for the claimant money or interest since he (defendant) did not ask for the money either through verbal or written document.

My rule as a judge
If I was the judge my rule would be in favour of the Claimant. It is imperative to note that in all the communication between the two parties there appears that there were written documents which were signed by the two parties. By using the letters of appreciation for the money and the declaration to repay the money in 14 days as evidence, it is clear that the defendant was eligible to repay the loan.

Difference between the rule and mediation between the parties
Mediation between the two would result in a different out come. Being one of the most recognized methods of solving conflicts between two parties, mediation will make it possible to maintain positive relationship between the individuals. In this case, a neutral mediator would also ensure that the two parties co-existed peacefully. The mediator would for instance establish whether the defendant had enough money to repay the load.

Conclusion
Based on the above legal case between the Ivor and Justin, the importance of written documents during any business transaction has clearly been recognized. According to my view, the use of mediation should be emulated by conflicting parties in order to reduce the costs associated with legal procedures in courts.

Illegal immigration in the United States has been a major political and policy issue. This is due to the high number of illegal immigrants moving into the United States every year. Today, there are over twelve million illegal immigrants in the United States. The federal government has the option of either assimilating into the society by grating them amnesty or treating them as criminals and deporting them back into their country.  This paper analysis this issue by looking t the political debate generated by the anti illegal immigrants laws in Arizona as well as the alleged benefits and problems related to illegal immigrants.

Immigration reforms have risen to be one of the controversial policy issues in the United States. The number of illegal immigrants has escalated in the past one decade from about five million in the late 1990s to over twelve million today. There are many economic concerns that have been raised due to the increased number of illegal immigrants into the country. This includes the effects on wages and salaries, public finance and security risks associated with illegal entry into the country (Jennifer et al, 2006). This has raised the question whether these illegal immigrants should be considered criminals and be deported back to their country or they should be granted amnesty by the United States government. It is important to note that although there are several flaws associated with high number of illegal immigrants, there are several benefits that are accrued from illegal immigrants.

The research question in this paper is how is whether illegal immigrants in United States should be deported or granted amnesty. The issue of illegal immigrants has been a big controversy among policy makers in the recent past. Some of the questions addressed in this paper include
What arguments has the controversial SB 1070 bill in Arizona generated
How does the United States benefit from illegal immigration compared to legal migration
How does illegal immigration respond to labor market forces
Does illegal immigrants exert burden on American resources
Do illegal immigrant workers increase competition for job opportunities in America


What arguments has the controversial SB 1070 bill in Arizona generated
 The controversial SB 1070 bill passed in Arizona in April has attracted a lot of debate on anti illegal immigrant laws in the United States. Some people have argued that the new laws are not any different from other federal immigration laws. The President Obama opposition to the bill has attracted a lot of attention in the United States in the recent past. The main difference between the federal immigration laws and the new law in Arizona is that the law states that the illegal immigrants should be arrested and deported to their countries of origin. Considering the fact that there are over eleven million illegal immigrants in the United States, implementation of such laws would have adverse effects on the law enforcement systems. Treating all these illegal immigrants as criminals would overwhelm the law enforcement systems in the country. moreover, the new laws in Arizona have been challenged in the court where it has been criticized of focusing on law abiding illegal immigrants while the society continue to suffer on the hands of legal immigrants who are a threat to the national security leave alone drug trafficking. This lawsuit has been aimed at advocating for amnesty for law abiding and economically useful illegal immigrants.  

The Homeland Security has issued a statement saying that it is not possible to arrests all illegal immigrants in the United States and deport them. This is because such attempts would alter the balance that has been created for many years taking into account the interests of the immigrants and international relations. However, proponent of the Arizona new approach has argued that there is no harm in trying the new approach. While the federal officials maintains that the Arizona move is unconstitutional since it usurps the role of the federal government, the states has argued that the federal government has failed to do its job which clearly indicates that the new law is not any different from the federal immigration laws. However, the main issue in this debate has been how the law will be enforced.

Granting amnesty will be a benefit to the over eleven million illegal immigrant currently living in the United States. Amnesty involved that government granting forgiveness to crimes committed by the illegal immigrants such as illegal immigration and using false document to work or live in the United States. These illegal immigrants will be given legal citizenship status and will be assimilated into the American society. On the other hand, the federal government has an option of treating the illegal aliens as criminal and arresting for deportation to their home countries. However, this is not going to happen under the leadership of President Obama. The president has stated that his administration has no intentions of shipping millions of people out of America due to the social and economic implications of such a practice as well as it impacts on the law enforcement agencies.

How does the United States benefit from illegal immigration compared to legal migration
There has been controversy on whether the federal government should promote legal immigration into United States for economic reasons to discourage illegal immigration. The benefits of illegal immigration can be clearly understood by comparing it to legal migration. There is no evidence to support the idea that legal immigration is more beneficial relative to illegal immigration. It is not yet determined through credible research that illegal immigration has more cost compared to benefits relative to legal immigration. The United States congress may go ahead and enact reforms in the immigration policies to reduce illegal immigration but the economic benefits of such policies may be insignificant. This points out that the proposed policies to reduce the number of illegal immigrants into the country due to their economic impacts in the society are inconsistent with the intended aim and objectives of the policies.

Very little, if any economic benefits that are accrued by the economy as a result of legal immigration but several economic benefits are accrued from illegal immigration. The basic reason why illegal immigration is advantageous when compared to legal immigration is the sensitivity of illegal migration to the market forces. It has been observed that the largest number of illegal immigrants arrived in the United States when the countrys economy is doing well. The booming economy attracts illegal immigrants from Mexico and Latin American countries who move to regions in America where there is a large job market. Conversely, legal immigration is insensitive to labor market forces and economic trends due to the lengthy procedures in legal migration. There is no doubt the American economy has benefited more from illegal immigrants compared to legal immigrants (Susan, 2006).

How does illegal immigration respond to labor market forces
The concerns that have been raised on the increased number of illegal immigration in the country make sense but it is important to be logical on the economic impacts of illegal immigrants in the country. Illegal immigration is instrumental in the economy of United States as it provides the businesses and industries with the worker force they want. The workers are available when they are needed and where they are wanted due to the sensitivity of illegal immigration to labor market forces. The immigration policies reforms that have been proposed to ensure that the flow of illegal immigrant is more or less the same as the flow of legal immigrant will negatively affect the labor markets. This is because of its effect on the timing of arrival, restriction on skills and labor mobility. This is likely to lower the welfare of the nation rather that raising it in the long run.   Although there are some economic costs incurred as a result of high number of illegal immigrants, the costs are much less compared to the putative benefits to the economy.

The rate at which the native born Americans are attaining higher education has increased over the years. This makes it increasingly had for industries and employers to find low-school level workers. It is becoming increasingly difficult to get construction worker, cleaners, farm workers, unfilled factory jobs or domestic workers. The number of skilled workers has increased steady reducing the number of unskilled and low-skilled workers who are equally important in the economy significantly. These low-skilled workers are abundant in countries such as Mexico. These workers are more than willing to migrate to the United States where better paying jobs are more available. Even considering the economic impacts on the illegal immigrant who could other wise be jobless in their country, it has enormous economic benefit to the immigrant.  These unskilled or low skilled workers can only get to the United States through illegal immigration. The greatest benefit of illegal immigration to the United States is therefore the provision of low skilled workers in the labor market (George, 2003).

Does illegal immigrants exert burden on American resources
 There are no doubts that illegal immigration has negative social and economic in the American society. The most common claim that has been raised against the ever increasing number of illegal immigrants in the country has been the amount of burden these immigrants have exerted on the government resources while not paying taxes It is estimated that the cost of educating illegal immigrant children in the United States is over eleven billion dollars per year.  The illegal immigrants are also capable of using the American health systems since the healthcare workers do not request for identification as a citizen before the individual is given medical attention. They are also entitled to emergency healthcare through the Medicaid program. This has been an extra burden to the federal services and consequently to the federal budget.

Do illegal immigrant workers increase competition for job opportunities in America
Most Americans support the deportation of illegal immigrants because they always believe that illegal immigrant competes for jobs with the American citizens which has a negative effect on the wages. It makes sense to say that illegal immigrants have little or no impact on the wages and Americans are not likely to notice any change in the pay if illegal immigrants suddenly vanish from the workforce but the situation is changing. Initially, illegal immigrants did not create competition in the job market because of its sensitive to labor market and mainly provided low skilled labor and therefore can only compete with high school dropout for jobs who are very few. However, with the increased economic challenges, the number of illegal immigrants moving to America with better skills has increased in the recent past introducing competition in the labor market.

Conclusion
From the reactions of the law makers and members of the public towards the anti illegal immigration laws in Arizona, there is no doubt that illegal immigration is an important social, economic and political issue in America. However, it is important to note that the new immigration law in Arizona is not new at all but the main concern is the aftermath of this legislation. The law is a direct reflection of the federal anti illegal migration laws. But federal agencies such as the department of homeland security as well as the president have been opposed to the law. As the problem of illegal immigration continues to thrive in the United States, there no doubt reforms the federal systems are long overdue. However, the immigration reforms are thorny issues that need a lot of careful consideration. The federal government may decide to grant amnesty to the illegal immigrants which are likely to increase the number of immigrants. On the other hand, it can treat all illegal immigrants as criminals and deport them back to their countries. Considering the number of illegal immigrant in the country, arresting and deporting the illegal immigrants in America may be overwhelming to the federal security agencies. Any move that has been suggested seems problematic resulting into a standoff. The Americans are deeply divided on the issue with some supporting deportation while others arguing in favor of granting amnesty to the illegal immigrants.

There is a general feeling among the Americans that time has come for the federal laws that prohibit illegal immigration to be implemented. However, the consequences of such actions are not clear yet. There is no doubt that the enactment of the law in Arizona was one of the hardest ever, but the implications may be even harder. The issue of illegal immigrants children in the states has attracted a lot of attention in the recent past.  Opponents of the bill have argued that that new law may require the school administrators in the state to maintain a legal status record of all children in the school. This is likely to discourage illegal immigrants from enrolling their children in public schools and undermine parental participation in the childs education. This may change the role of a teacher from an educator to federal agent and consequently undermine the quality of education. The big question is whether other states will follow sought and take the responsibility of implementing the laws that have been shirked for decades.

Law is a body of rules for human conduct enforced by imposing penalties for their violation. To ensure each U.S citizen the right to life, liberty, and the pursuit of happiness, those who settled here established laws that all are expected to obey. The supreme law of the land is embodied in the U.S constitution and its bill of rights. This system of law is extremely complex and may be classified according to
Form  written or unwritten common law
Source  constitutional, statutory, case
Parties involved  public, private
Offense  criminal, civil
   
In addition to the classification of law provided, several types of law must be understood to appreciate their complexities and effect on criminal justice. Laws define social obligations and determine the individuals relation to society and to each other. The purpose of the law is to regulate individuals actions to conform to the way of life the community or the peoples elected representatives consider essential.

Social or moral law.
Obedience to law often is obtained through social pressureridicule, contempt, scorn or ostracism. Moral or social laws include laws of etiquette, honor and morality. When moral laws break down and social sanctions fail to obtain conformity, other laws may be enacted and enforced.

Precedents Common law and Case law
The beginnings of law are found in social custom. Custom is simply precedent  doing what has been done before. In early times custom, religion, morals and the law were intermingled. Some early customs have, over the centuries, become law. Precedent explains why many good ideas in criminal justice are so slow to materialize. Some customs were enforced physically rather than morally, and the violator was expelled from the community, sacrificed to the gods or even hanged (Hess  Orthmann, 2008)
 
All law can be classified into two categories civil law and criminal law. As U.S. criminal law has evolved, it has diverged from U.S. civil law. The two categories of law are distinguished by their primary goals. The criminal justice system is concerned with protecting society from harm by preventing and prosecuting crimes. A crime is an act so comprehensible that it is considered a wrong against society as a whole, as well as against society as a whole, as well as against the individual victim. Therefore, the state prosecutes a person who commits a criminal act. If the state is able to prove that a person is guilty of a crime, the government will punish him or her with imprisonment or fines, or both.
   
Civil law, which includes all types of law other than criminal law, is concerned with disputes between private individuals and between entities. Proceedings in civil lawsuit are normally initiated by an individual or a corporation (in contrast to criminal proceedings, which are initiated by public prosecutor). Such disputes may involve, for example, the terms of a contract, the ownership of property, or an automobile accident. Under civil law, the government provides a forum for the resolution of tortsor private wrongsin which the injured party called the plaintiff tries to prove that a wrong has been committed by the accused party, or the defendant. (Note that the accused party in both criminal and civil cases is known as the defendant).
   
A criminal court is convened  is convened to determined whether the defendant is guiltythat is, whether the defendant has, in fact, committed the offense charged. In contrast, civil law is concerned with responsibility, a much more flexible concept. For example, after seventeen year old Benjamin White stabbed thirteen year old Casey Hilmer in 2005, a Cincinnati civil Jury partially blamed Whites parents. Lance and Diane White, the jury ruled, were liable, or legally responsible, for their sons actions because they failed to properly supervise or control him.
   
Most civil cases involve a request for monetary damages to compensate for the wrong that has been committed. Thus , the Cincinnati jurors ordered the Whites to pay Hilmer and her family 6.5 million for medical bills and the pain and suffering caused by her injuries.
   
Although criminal law proceedings are completely separate from civil law proceedings in the modern legal system, the two systems do have some similarities. Both attempt to control behavior by imposing sanctions on those who violate the law. Furthermore, criminal and civil law often supplement each other. In certain instances, a victim may file a civil suit against an individual who is also the target of a criminal prosecution by the government.
   
Because the burden of proof is much greater in criminal trials than civil ones, it is usually easier to win monetary damages than a criminal conviction. In March 2005, for example, a California jury acquitted actor Robert Blake of murdering or soliciting someone else to murder his wife, Bonny Lee Bakley. Six months after the criminal trial, however, Bakleys children from a previous marriage won a 30 million civil lawsuit against Blake. In this case the government had been unable to prove beyond a reasonable doubt (the burden of proof in criminal cases) that Blake was responsible for Bakleys 2001 shooting death in a car outside a restaurant where the couple had just dined. Nevertheless, the civil trial established by a preponderance of the evidence (the burden of proof in civil cases) that Blake was behind the killing.
   
Criminal law is created to provide guidance and protection to those injured by offenses against society. The criminal justice system has been created to deter, punish, and rehabilitate persons who perform criminal acts. Criminal conduct can include forgery, burglary, murder, assault, battery, theft, rape, and false imprisonment. A criminal action by an individual is considered a criminal act against society even if it is directed solely at an individual. For example, with a charge of assault and battery, the criminal justice system is designed so that the offense is seen and viewed as an act against society as a whole. In a criminal action, the level of proof required is beyond a reasonable doubt which must be 51 or more. In a medical malpractice claim (civil tort law), the proof is met by a preponderance of the evidence.

Examples
If, for example, a person is practicing medicine without a license, is that considered a civil or criminal offense (This is a criminal offense against the general public and society)

If the state statute requires that child or elder abuse be reported and a nurse or physician refuses to report the abuse, is this considered a criminal or civil action (Criminal).

If a patient receives too much of a medication because the nurse fails to properly administer the correct dose, causing respiratory arrest and brain damage, is this considered a criminal or civil matter (Civil)  (Iyer,  American Association of Legal Nurse Consultants, 2002).
   
The goals of criminal justice are multiple, vague, and often in conflict. Police officers are commanded to enforce all the laws. Informally, they cant (and they shouldnt). Prosecutors are told formally to do justice. Informally they pursue other goals like winning cases, cracking down on specific crimes, improving efficiency, and saving the peoples tax dollars. Judges have to impose sentences that are supposed to punish, incapacitate, and reform individual defendants while protecting the community by sending a message to prevent criminal wannabes from committing crimes. Probation officers are supposed to police and counsel offenders in the community. Correction officers are supposed to maintain order and prevent escapes from prisons, discipline prisoners, and turn them into people who can return to society ready to work and play by the rules.
   
The crime control agencies make up the structure of the criminal justice system, but theres more to the system than its structure. Criminal justice cant decide anything rather, its the framework for decision making. Heres is where decision making comes in the criminal justice process is all about decision making in the agencies by criminal justice professionals
   
As if these challenges are not enough, professionals dont have the luxury of time to consider their decisions. They have to decide right now to accomplish their goals.

After the terrorist September 11th 2001 attacks in the United States, the federal government took pragmatic steps aimed at strengthening the security of the nation by enacting a legislation that brought together all the departments that were concerned with the security matters under a single department. The Department of Homeland Security was formed from an Executive Order that was issued by the president and the department has been mandated with the security concerns of the American people through an enhanced surveillance at the border points and in the mainland.

Introduction
Following the September 11th terrorist attacks in the United States, the Congress considered it important to enhance the security of American borders in an effort to prevent futuristic attacks. Prior to this, border security was distributed among the various fragmented federal departments. The Homeland Security Act of 2002 brought together various federal agencies concerned with the securing of the American borders under the Department of Homeland Security (DHS). Many of the agencies had been under the Directorate of Border and Transportation Security (BTS) whose responsibilities included securing borders territorial waters terminals waterways and air, land, and sea transportation systems of the United States and managing the nations ports of entry. Only the United States Coast Guards remained to be a unique and separate division in the DHS.

This paper shall however focus on the three agencies that are involved in the Homeland Security excluding the Federal Bureau of Investigation.

Historical background of the Department of Homeland Security
The Department of Homeland Security (DHS) was put in place by an executive order from President Bush following the September 11th terrorist attacks in the United States. The DHS being an executive Department has the duty to ensure the protection and security of the American homeland. It has the fundamental mission of ensuring prevention against terrorist attacks, working to reduce the susceptibility to terrorist activities in the United States, and reducing the disastrous impacts from potential terrorist invasion and natural calamities. The department in its inception unified the previously detached non-military government agencies which served various functions to enhance the security of the American citizens.

The Border and Transportation Security division forms the larger part of the DHS and comprises of the Transportation Security Administration, the Bureau of Immigration and Customs Enforcement, and the Bureau of Customs and Border Protection. The Emergency Preparedness and Response division comprising of the Federal Emergency Management Agency and the Strategic National Stockpile and the National Disaster Medical System functions to oversee training and coordination of the government response to calamities. The Science and Technology division incorporates the Environmental Measurements Laboratory conducts research, intelligence, and technological innovations in an effort to secure the American borders (Koestler-Grack, 2007). The Information Analysis and Infrastructure Protection division provides analysis of intelligence and information that may involve intimidations to the security of America and also engages in the evaluation of the susceptibilities in the security infrastructure. Other agencies including the Coast Guard, the Secret Service, and the Bureau of Citizenship and Immigration Services have been incorporated as part of the DHS.

The DHS was put in place by the Department of Homeland Security Act of 2002 and is regarded as having developed from the Home of Homeland Security which was set up by President Bush after the September 11th attacks. There was a general consensus in the Congress for the need for a federal department which would unite the diversified and often overlapping functions of the federal departments prompted the White House to propose for the DHS in mid 2002 which was legislated towards the end of the same year. More than twenty agencies which were initially incorporated within various departments including Agriculture, Commerce, Defense, Energy, Health and Human Services, Justice, Transportation, and Treasury or in independent bodies were brought together and rearranged in the newly created department. It is argued that the formation of the Department of Homeland Security can be regarded as having involved the greatest restructuring of any executive branch of the American government with the exception of the Defense Department in the late 1940s.

The United States Customs and Border Protection (CBP)
The Customs and Border Protection (CBP) brought together all the former agencies which were concerned with border law enforcements to come up with a single administrative unit. This meant that all the employees from various units including the Immigration and Naturalization Service (INS), the Border Patrol, the Customs Service, and the Department of Agriculture were to be absorbed by the CBP. The CBP has its mission aimed at the protection of the United States. Under its mission, the CBP has to ensure that entrance of terrorists and terrorist weapons to the U.S is prevented the borders and ports of entry to America are protected illegal immigrants are apprehended flow of illegal drugs is controlled and that the economic and agricultural welfare of the American people is protected. In quest to carry out its mission, the CBP has maintained two goals which include legitimization of trade and travel and observation of security measures.

The United States Border Patrol (USBP) which is a constituent of the CBP is concerned with the enforcement of the immigration laws and other federal legislations at the borders. Presently, the USPB is regarded as the uniformed law enforcement arm of the DHS with the fundamental function of detecting and preventing entrance of terrorists, dangerous weaponry, and illegal immigrants into the United States. It also serves to interdict those smuggling drugs into the US as well as other criminals who want to enter the US. The USBP engages in the patrol of over 8000 mile international border covering the Mexican border, the Canadian border, and the coastal waters around Florida and Puerto Rico.

At the entrance ports, the CBP officials are required to carry out immigrations, customs and agricultural check ups. The scheme that was dubbed one face at the border has prompted the cross-training of the CBPs officials so as to enable them carry out all the three forms of inspections in an effort to restructure the process of crossing the borders. With such an initiative, the inspection process is unified which provides a single inspector to those immigrating to the United States who is to determine whether the aliens are to be presented to an advanced examination or not.

The CBP employees carry out the immigration laws through the examination and verification of the travel documents of those foreign individuals coming to the United States to make sure that such individuals are legally qualified to gain entrance to the United States. Regarding the customs, the CBP employees make sure that any imported andor exported commodities are in compliant with the United States laws and requirement. They are also responsible for the collection and protection of the American revenues, and offer protection against the smuggling of contraband. The CBP also conducts agricultural scrutiny at various ports of entry in an effort to implement the animal and plant protection legislations. For effective functioning, the CBP officials enjoy a wide range of powers to carry out inspections on all individuals, vehicles, transferences, commodities, and luggage which enters the US from another country.

An effort by the US Customs agents led to the arrest of Ahmed Ressam near the US-Canadian border while he was attempting to gain entrance to the United States at Port Angels, Washington. His rented vehicle was found to have carried items that could be used to make explosives. This prompted the FBI and the Immigration Naturalization Service to initiate a proactive measure in interviewing all those who could have useful information to give insight in the ongoing investigations. Several individuals were later detained relating to Ressams arrest.

The Florida Department of Law Enforcement
The Florida Department of Law Enforcement (FDLE) has played a vital role in the enhancement of the Homeland security issues. This has been achieved through keeping of the criminal justice community ahead of the organized criminal activities and threats to homeland security. The FDLE has approximately 2,000 employees statewide working in the departments seven Regional Operations Centers, 15 Field Offices and 7 Crime laboratories. The FDLEs mission is To promote public safety and strengthen domestic security by providing services in partnership with local, state, and federal criminal justice agencies to prevent, investigate, and solve crimes while protecting Floridas citizens and visitors.

The Office of Statewide Intelligence (OSI) works to allow the FDLE to exploit special agents and analysts undercover potentials in an effort to enhance the awareness of criminal gangs so as to be in a position to develop schemes that would stop, interrupt andor dismantle such gangs in the most successful manner. The FDLE formed the OSI in the year 1996 with the specific objective of addressing the need for a preventive policy to the varying criminality within the state. The data and intelligence from the OSI aids in ensuring that FDLE exploratory resources are geared towards the emergent crime scenarios together with those criminal activities that pose great danger to the state of Florida.

OSI has the fundamental function to provide a plan, direction, analysis, report and evaluate the FDLE intelligence reports. It forms the core of the Florida Fusion Center which forms the states focal point for the local, state, as well as the federal intelligence exchange regarding various criminal activities. OSI also serves to aid other plans by the FDLE through the coordination and unification of intelligence procedures for the department. OSI comprises of focus teams whereby each team is required to interact with the area intelligence units together with other agencies in monitoring issues that could impact on the state. These teams include Florida Investigative Support Center (FISC) Collection and Development Counter-Terrorism Intelligence Center (CTIC) Financial Crimes Analysis Center (FCAC) Research and Analysis Unit (RAU) Focus Area InspectorsAgents and Regional Intelligence Agents.

The Regional Intelligence Agents works as intelligence connections from the respective region to the Florida Fusion center (FFC) and OSI. These agencies function to maintain awareness of crimes and their tendencies in the focal particular areas which include Pensacola Region Tallahassee Region Jacksonville Region Tampa Bay Region Orlando Region Fort Myers Region and Miami Region. It is the duty of OSI to compile reports on the assessments of criminal data from all these regions which are then sent back to be utilized in the field for determination of criminal matters and deployment of FDLE resources.

The Fusion Centers which were established after the September 11th attacks had the purpose of influencing the most excellent information distribution practices. They also aimed at sharing of technologies and analytical resources in the production of intelligence that could be acted upon. The Florida Fusion Center (FFC) is regarded as an important part of the OSI. It comprises of the FDLE members, Federal agencies, state multi-disciplinary partners and includes outreach to private sector entities, (Florida Department of Law Enforcement, 2010, para 25). The FFT, like any other Fusion Center, functions as the States node providing connection and intelligence distribution to all the Regional Fusion Centers. Its mission is to offer protection to the people and their valuables together with the crucial infrastructures found in Florida.

In the wake of the anthrax threat from terrorists in the year 2001, the FDLE issued precautionary measures that needed to be observed by the public to avoid the anthrax scare. According to the FDLE, suspicious mail for anthrax was identified as having the following characteristics having come from a foreign country, bearing excessive postage, having misspelled words, had strange odor, had stains on the wrapping, was addressed to a title or company position only, and had no return address among other features. All this was meant to protect the public from the terrorist threat of spreading anthrax.

Seattle Police and Homeland Security
The mission of Seattle police is to Prevent Crime, Enforce the Law  Support Quality Public Safety by Delivering Respectful, Professional,  Dependable Police Services. The port of Seattle Police Department comprises of patrolling division and the administrative division. The Seattle police engage in the provision of law enforcement duties within its jurisdiction which include the Seattle-Tacoma International Airport and some parts of the surrounding suburban and business properties. The police also undertake patrolling missions on most parts of Seattle waterfront and Elliott Bay. Due to the location of the Seattle port which serves as an entry point to the United States, the Seattle police on many occasions work closely with DHS. This is achieved through the relationships that exist between the Seattle police and the Office of Homeland Security, U.S. Customs, U.S Coast Guard, and the Transportation and Security Administration.

The Washington Joint Analytical Center (WAJAC) which as advanced by the Governors Committee on Terrorism (COT) subcommittee of Intelligence was meant to bring together all the efforts in law enforcement in preventing crime and possible attacks from terrorists. WAJAC has its offices located at the FBI Seattle field office. Owing to the restrictions in the federal grant, the Seattle Police Department had to move its department concerned with homeland security matters to a loaned office space at the FBI building which is just adjacent to the WAJAC. This is because the limited funds from the Urban Area Security Initiative from which Seattle and King Counties funds their program cannot be used up on real estate. The Seattle Police Department is determined to establish an independent city fusion at the center. Though this move was contested by some quarters at first who cited the pride of the Seattle Police Department, they had no alternative due to the limited funding that was available. However, the relocation of the homeland security division of the Seattle Police Division has been seen as a welcome move because of the scenario that it has presented. The relocation to the FBI building can be seen as bringing the federal, state and city agents under the same building which is an advantage as they are able to enhance cooperation and increased sharing of vital security information. It has to be noted that the building houses the FBIs Seattle Field Office, the Washington State Joint Terrorism Task Force (JTTF) and the regional FBI Field Intelligence Group (FIG) in addition to the Homeland Security department of the Seattle Police Division.

The Seattle police have conducted various arrests related to the terrorist activities which include the arrest of Ahmed Ressam who is an Algerian born terrorist suspect. He was arrested in December of 1999, carrying explosives in his car and in possession of a fake Canadian passport. The arrest of Ressam was in conjunction with the customs agents at the border point who raised the alarm when Ressam looked suspicious and wanted to escape.

The core values of Saint Leo University (SLU) include excellence, community, respect, personal development, responsible stewardship and integrity. The three agencies discussed above have shared values with the Saint Leo University such as integrity, community, excellence and respect. The three agencies are determined to carry out their duties while observing the stated values. The Seattle police for instance have built community relationship and treats people with respect and dignity while carrying out its duties. Community aspect is well depicted in the since that each of the agency incorporates other agencies in implementation of its duties.

Conclusion
The premise on which the DHS functions is reinforced by the Presidents priority in ensuring the safety of the American people. Every president of the United States has the duty to lay commitment to ensure that the United States lives to its actual values and ideals while at the same time ensuring the protection of the American citizens. The mission of the federal, state and local agencies all converge on the principle of enhancing security of the United States. The American leaders are therefore faced with the noble duty of ensuring the security of the nation in the wake of the new security challenges of the 21st century. This includes prevention of the terrorist threats amongst others preparation and having a plan for crisis and also putting substantial investments in response and recovery capabilities of the nation. The federal governments often work in conjunction with the state and local governments during the mitigation, preventive, and responsive missions. The private sector is also not left out as it is usually brought on board during such missions.