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English for Lawyers: Day 5 – Mastering Effective Legal Writing with AI for Lawyers: Interactive Challenge!

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Lights, Camera, Action! Welcome back. Today, English for Lawyers is meeting AI for Lawyers, a deadly combo to become super successful lawyer. Today, we get interactive! Let’s explore how Artificial Intelligence (AI) can empower you to master the language of the courtroom and legal drafting.

The Legal Arena:

Lawyers wield language like a weapon, but precision is key. Here’s a collaborative challenge to test your legal English and showcase the power of AI:

Consumer Court Case:

Imagine you’re representing a client who faces an insurance claim dispute. Here’s the scenario:

  • Your client has a Maruti Swift Desire insured with a comprehensive “bumper-to-bumper” policy.
  • The car required repairs due to a covered incident.
  • The insurance company rejected the full claim and only offered to cover 50% of the repair costs.

Your Mission:

Draft a strong opening statement for the Consumer Court judge, outlining your client’s case under the Indian Consumer Act.

The Challenge:

  1. Craft a Compelling Narrative: Briefly explain the situation, highlighting the “bumper-to-bumper” coverage and the insurance company’s partial claim denial.
  2. Invoke the Consumer Act: Demonstrate how the insurance company’s actions violate your client’s rights under the Consumer Protection Act, 2019.
  3. AI to the Rescue!: Utilize an AI writing assistant (like Grammarly or Quillbot) to polish your statement.

Here are some AI features to explore:

  • Clarity Suggestions: AI can identify convoluted sentences and suggest simpler alternatives for a clear and impactful statement.
  • Legal Term Check: While legal jargon isn’t always necessary, AI can ensure you’re using relevant legal terms accurately in the context of the Consumer Act.
  • Tone Check: AI helps maintain a professional and persuasive tone throughout your argument.

Share Your Work!

Post your opening statement in the comments below, mentioning the AI tool you used. Let’s discuss the effectiveness of AI in legal writing and share tips for crafting winning arguments in the Consumer Court.

Remember:

  • AI is a valuable tool, but legal expertise is irreplaceable.
  • Use AI responsibly and ethically to enhance your legal writing skills for the Indian legal system.

Stay tuned! We’ll continue exploring the intersection of legal communication and AI in the coming days.

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English for Lawyers: Day 4 – Mastering Legal Writing and Drafting

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Welcome back to English for Lawyers, brought to you in collaboration with the Legal Writing Institute (LWI) and the India Justice Foundation (IJF).

Today, we delve into the cornerstone of legal practice: effective legal writing and drafting.

Precision is Key:

The ability to write clearly, concisely, and persuasively is essential for any lawyer. Here are five key aspects to focus on to improve your legal writing and drafting skills:

  1. Know Your Audience: Legal documents serve different purposes and have different audiences. Tailor your writing style to the judge, opposing counsel, or client you’re addressing.
  2. Clarity and Concision: Avoid legalese and jargon. Use clear and concise language to ensure your arguments are easily understood.
  3. Active Voice and Strong Verbs: Active voice construction makes your writing more impactful. Use strong verbs to convey the intended meaning precisely.
  4. Organization and Structure: Structure your documents logically, using headings, subheadings, and bullet points for improved readability.
  5. Proofreading and Editing: Always proofread your work meticulously. Typos and grammatical errors can undermine your credibility.

Bonus Tip:

Read legal documents written by experienced lawyers. Analyze their structure, language choices, and arguments. This will give you valuable insights and improve your own drafting skills.

Remember:

  • Effective legal writing requires practice and dedication.
  • There are numerous resources available to help you hone these skills.
  • Never stop learning and refining your legal writing abilities.

Stay tuned! We’ll continue to explore essential legal communication concepts in the coming days.

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Arguing Skills

English for Lawyers: Day 3 – Arguing Lack of Merit

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Welcome back to English for Lawyers, brought to you in collaboration with the Legal Writing Institute (LWI) and the India Justice Foundation (IJF). Today, we tackle a persuasive strategy: arguing lack of merit in the opposing party’s case.

Challenge the Argument:

There will be times when you need to counter the opposing counsel’s arguments. Here are three formal ways to argue that their claims lack merit:

  1. There is no merit in the opposing party’s argument, Your Honour… This is a direct and clear way to state your position.

Example: “There is no merit in the opposing party’s argument, Your Honour. The witness testimony they rely on is demonstrably unreliable.”

  1. The contention is devoid of any legal basis, My Lord… This is a more formal way to argue that the opposing argument lacks legal foundation.

Example: “The contention that the contract is void is devoid of any legal basis, My Lord. The terms were clearly outlined and signed by both parties.”

  1. The submission is untenable in law, Your Honour… This is a strong way to argue that the opposing argument cannot be upheld legally.

Example: “The opposing counsel’s submission that my client is liable is untenable in law. The evidence clearly shows they acted within their legal rights.”

Remember:

  • Maintain a respectful tone throughout your arguments.
  • Back up your claims with evidence and legal reasoning.
  • Avoid using overly aggressive or inflammatory language.

Bonus Tip:

Anticipate the opposing arguments and prepare your counterpoints beforehand. This will strengthen your position in court.

Stay tuned! Tomorrow, we’ll explore another key legal communication concept.

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Understanding Your Rights: Arnesh Kumar Guidelines and Police Arrest Powers in India

Limits on Arrest in Dowry Harassment Cases: Understanding the Arnesh Kumar Guidelines

The Supreme Court’s landmark judgment in Arnesh Kumar vs. State of Bihar established important guidelines to prevent misuse of arrest powers in dowry harassment cases (Section 498-A of the Cr.P.C.). These guidelines apply more broadly to all offenses punishable by up to seven years in prison.

Key Points of the Arnesh Kumar Guidelines:

Arrest Not Automatic:

Just because an offense is cognizable and non-bailable doesn’t justify automatic arrest. Police must conduct a preliminary investigation to verify the complaint’s seriousness.

Magistrate’s Scrutiny:

Within 24 hours of arrest, officers must present facts and reasons to a Magistrate. The Magistrate will only authorize detention if convinced the arrest followed proper procedure under Section 41 of the Cr.P.C.

Thoughtful Action:

Both police and Magistrates are obligated to avoid unnecessary arrests and detentions. Police will receive a checklist to ensure arrests under Section 41 are justified, with documented reasons for each case.

Transparency in Non-Arrests:

Even when someone is not arrested, the decision, along with the reasons, must be reported to the Magistrate within two weeks of the case filing. Magistrates failing to record reasons for detention will face disciplinary action.

Wider Application:

These guidelines extend beyond Section 498-A and the Dowry Prohibition Act. They apply to all offenses where the maximum punishment is less than or equal to seven years in prison.

English for Lawyers: Day 2 – Expressing Lack of Knowledge or Awareness

Objection! Welcome back to English for Lawyers, brought to you in collaboration with the Legal Writing Institute (LWI) and the India Justice Foundation (IJF). Today, we tackle a crucial skill: expressing lack of knowledge or awareness in court.

Honesty is the Best Policy:

As a lawyer, there will be times you won’t have all the answers. It’s important to be honest and upfront about what you don’t know. Here are three respectful ways to do so while addressing the judge:

  1. I’m not aware/privy to, My Lord…
    This is a professional way to state you lack knowledge of a specific detail.

Example: “I’m not aware of any prior convictions for the defendant, My Lord.”

  1. I don’t have that information, My Lord… This is a direct and clear way to inform the judge you lack specific information on hand.

Example: “I don’t have that document readily available, My Lord. However, I can retrieve it during the recess.”

  1. That detail is not within my knowledge, My Lord… This is a formal way to state you’re unfamiliar with a particular aspect of the case.

Example: “That detail is not within my knowledge, My Lord. Perhaps the opposing counsel can shed light on it.”

Remember:

  • Always maintain a respectful tone.
  • If possible, offer to find the missing information or suggest alternative solutions.

To receive regular tips on legal English and argument skills, join our WhatsApp channel: https://bit.ly/3yPakou

Bonus Tip:

Never fabricate information or make assumptions. Be honest and transparent throughout the proceedings.

Stay tuned! Tomorrow, we’ll explore another key legal communication concept.

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English for Lawyers: Day 1 – Addressing the Court and Referring to Documents

Welcome to the first day of English For Lawyers, brought to you in collaboration with the Legal Writing Institute (LWI) and the India Justice Foundation (IJF), where we’ll explore the essential language of legal arguments.

Today’s lesson focuses on referring to pages and documents in court.

Making Your Case:

As a young lawyer, or a law student, you’ll hone your skills in crafting persuasive arguments. But just as important is how you deliver them in court. Addressing the judge with respect and clarity is key to making a strong impression.

Formality is Key:

Courtroom language is formal. Here are three proper ways to refer to a page or document while addressing the judge:

  1. May I refer to page number, My Lord…
    This is a direct and polite way to ask permission to reference a specific page.

Example: “May I refer to page 15 of the witness statement, My Lord? It details the timeline of events.”

  1. I draw the court’s attention to, My Lord…
    This phrase formally directs the judge’s attention to a specific document or section of evidence.

Example: “I draw the court’s attention to Exhibit B, My Lord. It is the signed contract in dispute.”

  1. With the court’s permission, I would like to cite, My Lord… This is a more formal way to request permission to reference a legal precedent or case law.

Example: “With the court’s permission, I would like to cite the case of Arnesh Kumar vs State of Bihar or The Arnesh Kumar Guidelines, My Lord. It establishes the legal principle of…”

Remember:

  • Always replace “My Lord” with “Your Honor” in some jurisdictions.
  • Maintain a respectful and professional tone throughout your arguments.

 

To receive regular tips on legal English and argument skills, join our WhatsApp channel: https://bit.ly/3yPakou

 

Bonus Tip:

Practice these phrases out loud to get comfortable using them in court.

Stay tuned! Tomorrow, we’ll delve into another essential legal communication concept.

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D.K. Basu Guidelines on Arresting A Person in India

The D.K. Basu guidelines, established by the Supreme Court of India, aim to protect the fundamental rights of individuals during arrest and detention. Here’s a breakdown of these crucial guidelines:

Transparency and Accountability:

  1. Identification: Arresting officers must wear clearly visible badges displaying their names and designations. Details of interrogating officers are documented in a register.

  2. Arrest Memo: A written record of the arrest, including time, date, and location, is prepared at the time of arrest. This memo requires witness signatures (family member or local resident) and the arrestee’s countersignature.

Informing Next-of-Kin:

  1. Right to Inform: The arrested individual has the right to inform a relative, friend, or well-wisher about their arrest and detention. This notification should occur “as soon as practicable.”

  2. Out-of-District Notification: When the arrestee’s family/friend resides outside the district, police must inform them within 8-12 hours through a telegram. The District Legal Aid Authority and relevant authorities are also notified.

Detailed Documentation:

  1. Notification of Right: The arresting officer must inform the arrestee about their right to inform someone of their arrest.

  2. Station Diary Entry: A comprehensive entry is made in the detention center’s diary, detailing the arrest, informed person’s name, and custodial officers’ details. This includes the entire process from leaving the police station to reaching the detention center, involving all officers and transportation details.

Medical Examination:

  1. Right to Examination: Upon request, the arrested person can undergo a medical examination at the time of arrest. Any injuries (minor or major) are documented in an “Inspection Memo” signed by both the arrestee and the arresting officer. A copy is provided to the arrestee.

  2. Regular Medical Check-Ups: Every 48 hours during detention, the arrestee has the right to a medical examination by a qualified doctor from a government-approved panel.

Legal Access and Record Keeping:

  1. Copies to Magistrate: Copies of all arrest-related documents are sent to the local magistrate for record-keeping.

  2. Right to Legal Counsel: The arrestee has the right to consult with a lawyer during interrogation, though not continuously.

  3. Centralized Information: Every district and state headquarters must have a police control room where arrest information and detention location are recorded within 12 hours. This information is prominently displayed on a notice board for public access.

By adhering to these guidelines, law enforcement can ensure lawful arrests and detentions, upholding the dignity and rights of individuals.

The India Justice Foundation (IJF) Announces the Online Essay Writing Competition on Democracy

The India Justice Foundation (IJF) is proud to announce the Online Essay Writing Competition, inviting current law students from any college or university in India to explore the vital topic of Democracy.

Themes

We encourage you to choose a topic that delves into various aspects of Democracy in India. Here are some potential themes to get you started:

  • The evolving landscape of Indian Democracy: Challenges and Opportunities
  • Strengthening Democratic Institutions in India
  • The Role of the Judiciary in Upholding Democratic Values
  • Ensuring Access to Justice: A Pillar of Indian Democracy
  • The Impact of Technology on Democratic Processes in India

Submission Guidelines

  • Word limit: The word limit for the submission is 2000 – 3000 words (excluding footnotes).
  • Plagiarism: Any submission found to be plagiarized beyond 25% shall be disqualified.
  • Anonymity: Participant shall not include his/her name in the submission’s text in any form.
  • Co-Authorship: Co-authorship, up to two authors, is allowed. Submissions shall be made in MS-Word format (.doc/.docx) only.
  • The article submitted must be exclusively in English.
  • Copyright of the submission shall remain with India Justice Foundation.
  • The first page should include:
    • Your full name
    • College/University name
    • Postal address
    • Mobile number
    • Email address
  • A bonafide certificate from the Dean/Principal of your college/university verifying your student status must be included with your submission.
  • In case of any conflicts, India Justice Foundation shall be the final authority on the guidelines.

Formatting Guidelines

  • Font and size of main text and footnote: Times New Roman, 12 point for main text, and Times New Roman, 10 point for footnotes.
  • Size and alignment: A4 Size with 1 Inch Margin; all text except headings should be justified.
  • Footnoting: The participant has to adopt the OSCOLA [4th ed.] format of citation uniformly throughout the document.
  • Spacing: Submission should be 1.5 spaced (except footnotes which may be single-spaced).

How to Register?

  • Online registration link will be provided soon.
  • Registration Fees:
    • Single Authorship: 250/-
    • Co-authorship/Two Authors: 500/-

How to Submit?

Please submit your essay electronically to: info@indiajusticefoundation.org

Important Dates

  • Commencement of Registration: May 25 2024
  • Last date of Registration: June 20, 2024
  • Last date for Submission: July 10, 2024
  • Declaration of Winner/ Results: August 25, 2024

Prizes

  • Winner: Rs. 15,000
  • First Runner-Up: Rs. 10,000
  • Second Runner-Up: Rs. 5,000
  • Publication with IJF Law Review Blog: The winning essay will also be published in the IJF Law Review Blog
  • Internship with IJF: Top Three winning entries of the Competition will also get the opportunity to intern with IJF
  • All participants will receive a digital certificate of participation upon successful registration.

For further inquiries:

Please contact the IJF Essay Competition Team at:  info@indiajusticefoundation.org

We look forward to receiving your insightful essays!

Domestic Violence – The Abuse Virus in Pandemic

The COVID-19 lockdown has resulted in the surge of domestic violence cases all across the globe, according to NCW data 315 complaints of domestic violence were received online and on WhatsApp and were highest since August last year. One of the most crucial underlying factors for this rapid rise in the number of DV cases is isolation, stressed household, loss of jobs and deduction in salaries.

In the broadest sense, Domestic violence is aggressive behaviour against kids, guardians, or the old. This kind of abuse can be in various forms like verbal, physical emotional economic, religious reproductive and sexual maltreatment. This can be more elaborated as violent physical abuse like beating, female circumcision, acid attack, burning the bride, honour killing, dowry death and other heinous crimes which leads to disfigurement or death of the victim.

Domestic Violence (DV) has a critical effect on relatives, companions, and the individuals inside the interpersonal organizations of both the abuser and Victim. It has a significant effect not just for women and youngsters, but also for the broader family in terms of economic, social and health consequences. It is an acute problem in India.

The National Family Health Survey (NFHS) data has indicated that in India over 30% of women are physically, sexually or emotionally abused by their husbands at some point in their lives. Coronavirus has presented us to our reliance on house help. Most families don’t have live-in help and with the lockdown, part-clocks are inaccessible since numerous men are not used to getting their hands grimy, they are battling to adapt to the sudden change.

They believe they are being bossed around, to do the dishes, wash their garments and some very pity household chores which were a sometimes kind of a job in case of some emergencies at home. Their conscience is getting incapacitated as men can’t stand being advised to help. Cliché belief systems exist – it’s the lady’s business to cook, clean, wash and it’s the man’s business to earn. So, although we appear to be liberal and talk about women empowerment yet we still have the mindset of treating women not equal to a man saying things and bringing them into existence are completely different.

The recent #MeToo movement in India has uncovered that numerous Indian ladies have encountered inappropriate behaviour, sexual assault and sexual harassment at the work environment but they had kept quiet and could not gather the courage to expose the culprits whatsoever the reason might have been. We watch comparable examples among ladies who have been manhandled by their spouses but still wish to keep silent due to one or the other reason and continue to be a prey of the maltreatment. The Domestic Violence abuse can be seen at its worst in the poor section of society as most of the abusers are string addict to alcohol and hence living without alcohol and confined in a small room the abuser tends to get more violent.

According to the ethnographic data of Mumbai slum it was observed that the majority of Indian women who fall prey to domestic violence did not disclose the same or seek help from anyone. Awareness concerning Domestic Violence is significant because Domestic Violence is a genuine social issue and perilous crimes that influences a large number of people over India, notwithstanding age, financial status, race, religion or education. It is a prominent fact that only high-profile cases of domestic violence mostly attract big headlines and thousands of cases of domestic violence remain unnoticed.

Statistically, it is observed that one in four women will be the victim of domestic violence at some point in her lifetime, and, on average, three women are killed every day at the hands of a current or former spouse. These details are awful and henceforth it is essential to teach the general population to revolt against abusive behaviour at home because the issue will proceed until society faces oppressive conduct.

Communities should teach their kids that brutality or violence isn’t acceptable in any form and people need to display what healthy relationship looks like. Reporting the cases concerning domestic abuse is the initial move towards consummation the silence around such abusive behaviour. It is additionally a demonstration of opposition and an effort of the female organization.

In any case, this isn’t without its dangers going from an absence of acknowledgement by families, mortification by the police, to the retaliatory heightening of brutality. The degree and kind of help that a survivor of abuse gets, including pragmatic help and managing feelings, impacts adapting to and recuperation from mental any physical injury. India lacks a compulsory reporting mechanism of routine screening by hospitals when ladies visit with dubious wounds.

Further, because of dug in man-centric practices inside legitimate foundations, Domestic Violence is treated as a private family matter. Dynamic laws exist like Section 498(A) of the Indian Penal Code and Protection of Women from Domestic Violence Act (PWDVA)), however, with use of power and money many times the voices of the victim are suppressed.

The Supreme Court of India in July 2017 passed a verdict that banned immediate arrest of alleged abuser unless “visible signs of injuries are present” in case of dowry harassment under Section 498A to prevent women from misusing this law. However, there is little empirical evidence to suggest widespread misuse.

The victim does not need to be physically battered and suffer visible injuries. In case of emotional abuse, the victim does not suffer any kind physical injuries and in case of marital rape or other sexual violence, women do not feel comfortable in revealing the facts to the police officer. It is recommended that institutional instruments for revealing Domestic Violence should be fortified and made progressively receptive to the requirements of casualties.

Taking everything into account, how damaging Domestic Violence is tended to is an essential measure of India’s guarantee to gender equity. This is a well-understood fact that the shocking cost won’t be backed out until family, government, foundations, and common society associations address the issue.

These outcomes give fundamental data to evaluate the circumstance to create mediations just as strategies and projects toward forestalling viciousness against the ladies. Russell Wilson has rightly said, “The more that we choose not to talk about domestic violence, the more we shy away from the issue, the more we lose.” (If you read this and know someone who has fallen prey to such kind of abuse feel free to seek help for any suggestions or queries, Join Hands in Stopping Violence Against Women)

By

Kinjal Shrivastava
Advocate, Delhi High Court & District Court

Why the Supreme Court was wrong in denying Quota to Tribal Teachers

By Aditi Uniyal

On 22nd April, 2020, the Supreme Court of India passed a judgement quashing an order that provided a 100% quota for tribal teachers in scheduled areas. Justice Arun Mishra went as far as saying that to have only tribals teach tribals is an ‘obnoxious idea’. But is it really ‘obnoxious’ to ensure that tribal students are taught by teachers who can relate to their personal experiences? Is it ‘obnoxious’ to guarantee an opportunity of employment to a community that remains grossly underrepresented in the mainstream, and to carry out reparations in a system that essentially exists in prejudice to this same community?

The Learning Process: Student – Teacher Relations

One of the reasons stated by the Supreme Court in delivering its judgement was that a 100% quota for tribal teachers will be detrimental to the opportunities that other categories could have in this field. However, when it comes to the education of tribal students, it has been proven by various studies that having teachers from the same community is essential to ensure an effective learning process.

There is a very pertinent problem of a language barrier that occurs when a teacher is not fluent in the language of the tribal community in which they teach. Studies show that this creates obstacles in the students’ understanding of the subject matter. Additionally, when the teacher does not belong to the same community, a more personal problem largely rooted in identity arises. The students feel inadequately represented in the lived experiences of the teacher, which are bound to affect the way in which they teach and carry themselves in their profession. Due to this, it becomes crucial to ensure that teachers from the same community are appointed as teachers in the concerned areas, since this will ensure an authentic connection between the two forces of student and teacher. This becomes possible through a quota provided to tribal teachers.

The Issue of Representation

As for the question of representation in this field, the argument of imbalance between the reserved and unreserved categories has been raised time and again.

It is in light of this faulty reasoning that it becomes important to note that the All India Survey for Higher Education (AISHE) has found that teachers from Scheduled Tribes (ST) comprise only 2.27% of the total figure. This is the reality in spite of a UGC mandate that necessitates a reservation of 7.5% to ST teachers.

Source: All India Survey on Higher Education in India 2018-19

A quota of 100% for tribal teachers in scheduled areas, thus, can be seen as an act of reparation in this skewed system that fails to achieve the bare minimum representation of communities that have been systematically denied opportunities in the name of ‘merit’.

The Faulty Perception of Tribal Communities

Another reason why this judgement is problematic, is because of the saviour complex exhibited by an entirely upper caste bench. Tribal culture, in this judgement, has been called ‘primitive’ and ‘unfit to put up with the mainstream’, and restricting the teaching positions to tribal teachers, according to this line of reasoning, will slow down the progress of these communities. The aim as seen by the Bench is to bring the tribal communities ‘at par’ with the mainstream Indian society.

In wishing to assimilate the tribal communities into the ‘mainstream’, what the Bench really implies is that these communities are inherently at a lower level than that of their urban counterparts; a level from which they wish to ‘lift’ them up. This is clearly indicative of a mindset harboured in wrongly viewing the tribal communities as ‘uncivilised’ and in need of saving from their traditional ways of life.

It is this very mindset that factors into faulty decisions such as these. The Supreme Court, through its judgement, fails to appreciate the motive behind affirmative action, and effectively creates a delay in the progress of tribal justice in India.

References

  1. Krishnadas Rajagopal, No 100% Quota for Tribal Teachers: Supreme Court, The Hindu (Apr. 22, 2020, 11:14 PM), https://www.thehindu.com/news/national/no-100-quota-for-tribal-teachers-supreme-court/article31409071.ece.
  2. Dr. Kabita Kumari Sahu, Challenging Issues of Tribal Education in India, 3 IOSR Journal of Economics and Finance 48 (2014).
  3. Kritika Sharma, Nearly 57% of India’s teaching faculty belong to general category, STs least represented, The Print (Jul. 27, 2018, 5:27 PM), https://theprint.in/india/governance/57-of-indias-teaching-faculty-belong-to-general-category-sts-least-represented/89546/.

Download Judgement Order