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Wednesday, 19 October 2016
Education in India
Education in India is provided by the public sector as well as the private sector, with control and funding coming from three levels: central, state, andlocal. Under various articles of the Indian Constitution, free and compulsory education is provided as a fundamental right to children between the ages of 6 and 14. The ratio of public schools to private schools in India is 7:5.
India has made progress in terms of increasing the primary educationattendance rate and expanding literacy to approximately three-quarters of the population in the 7–10 age group, by 2011.[3] India's improved education system is often cited as one of the main contributors to its economic development.[4] Much of the progress, especially in higher education and scientific research, has been credited to various public institutions. While enrolment in higher education has increased steadily over the past decade, reaching a Gross Enrolment Ratio of 24% in 2013,[5] there still remains a significant distance to catch up with tertiary education enrolment levels of developed nations,[6] a challenge that will be necessary to overcome in order to continue to reap a demographic dividend from India's comparatively young population.
At the primary and secondary level, India has a large private school systemcomplementing the government run schools, with 29% of students receiving private education in the 6 to 14 age group.[7] Certain post-secondary technical schools are also private. The private education market in India had a revenue of US$450 million in 2008, but is projected to be a US$40 billion market.[8]
As per the Annual Status of Education Report (ASER) 2012, 96.5% of all rural children between the ages of 6-14 were enrolled in school. This is the fourth annual survey to report enrolment above 96%. Another report from 2013 stated that there were 22.9 crore students enrolled in different accredited urban and rural schools of India, from Class I to XII, representing an increase of 23 lakh students over 2002 total enrolment, and a 19% increase in girl's enrolment.[9] While quantitatively India is inching closer to universal education, the quality of its education has been questioned particularly in its government run school system. Some of the reasons for the poor quality include absence of around 25% of teachers every day.[10] States of India have introduced tests and education assessment system to identify and improve such schools.[11]
It is important to clarify that while there are private schools in India, they are highly regulated in terms of what they can teach, in what form they can operate (must be a non-profit to run any accredited educational institution) and all other aspects of operation. Hence, the differentiation of government schools and private schools can be misguiding.[12]
In India's education system, a significant number of seats are reserved underaffirmative action policies for the historically disadvantaged Scheduled Castes and Scheduled Tribes and Other Backward Classes. In universities, colleges, and similar institutions affiliated to the federal government, there is a maximum 50% of reservations applicable to these disadvantaged groups, at the state level it can vary. Maharashtra had 73% reservation in 2014, which is the highest percentage of reservations in India.
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[show]Education System in India[edit]
Overview[edit]
The central and most state boards uniformly follow the "10+2+3" pattern of education.[13]:3 In this pattern, study of 10 years is done in schools and 2 years in Junior colleges,[13]:44 and then 3 years of graduation for a bachelor's degree.[14]The first 10 years is further subdivided into 4 years of primary education, 6 years of High School followed by 2 years of Junior colleges.[13]:5 This pattern originated from the recommendation of the Education Commission of 1964–66.
Education in the United States
Public education is universally required from kindergarten through 12th grade (often abbreviated K-12), and is available at state colleges and universities for all students. Public school curricula, budgets, and policies for K-12 schooling are set through locally elected school boards, who have jurisdiction over individual school districts. State governments set overall educational standards, often mandate standardized tests for K–12 public school systems, and supervise, usually through a board of regents, state colleges and universities. Funding comes from the state, local, and federal government.[4]
Private schools are generally free to determine their own curriculum and staffing policies, with voluntary accreditation available through independent regional accreditation authorities. About 87% of school-age children attend public schools, about 10% attend private schools,[5] and roughly 3% are home-schooled.[6]
Education is compulsory over an age range starting between five and eight and ending somewhere between ages sixteen and eighteen, depending on the state.[7] This requirement can be satisfied in public schools, state-certifiedprivate schools, or an approved home school program. In most schools, education is divided into three levels: elementary school, middle or junior high school, and high school. Children are usually divided by age groups intogrades, ranging from kindergarten and first grade for the youngest children, up to twelfth grade as the final year of high school.
There are also a large number and wide variety of publicly and privately administered institutions of higher education throughout the country. Post-secondary education, divided into college, as the first tertiary degree, andgraduate school, is described in a separate section below.
The United States spends more per student on education than any other country.[8] In 2014, the Pearson/Economist Intelligence Unit rated US education as 14th best in the world, just behind Russia.[9] According to a reportpublished by the U.S. News & World Report, of the top ten colleges and universities in the world, eight are American.[10] (The other two are Oxford andCambridge, in the United Kingdom.)
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[show]History[edit]
Main article: History of education in the United States
Government-supported and free public schools for all began to be established after the American Revolution. Between 1750 and 1870 parochial schools appeared as "ad hoc" efforts by parishes. Historically, many parochial elementary schoolswere developed which were open to all children in the parish, mainly Catholics, but also Lutherans, Calvinists and Orthodox Jews. Nonsectarian Common schools designed by Horace Mann were opened, which taught the three Rs (of reading, writing, and arithmetic) and also history and geography.
In 1823, Reverend Samuel Read Hall founded the first normal school, the Columbian School in Concord, Vermont,[11][12] to improve the quality of the burgeoning common school system by producing more qualified teachers.
States passed laws to make schooling compulsory between 1852 (Massachusetts) and 1917 (Mississippi). They also used federal funding designated by the Morrill Land-Grant Colleges Acts of 1862 and 1890 to set up land grant collegesspecializing in agriculture and engineering. By 1870, every state had free elementary schools,[13] albeit only in urban centers.
Starting from about 1876, thirty-nine states passed a constitutional amendment to their state constitutions, called Blaine Amendments after James G. Blaine, one of their chief promoters, forbidding the use of public tax money to fund local parochial schools.
Following the American Civil War, the Tuskegee Normal and Industrial Institute was founded in 1881, in Tuskegee,Alabama, to train "Colored Teachers," led by Booker T. Washington, (1856–1915), who was himself a freed slave. His movement spread to many other Southern states to establish small colleges for "Colored or Negro" students entitled "A. & M.," ("Agricultural and Mechanical") or "A. & T.," ("Agricultural and Technical"), some of which later developed into state universities.
Law & Order
Law & Order is an American police procedural and legal drama television series, created by Dick Wolf and part of the Law & Order franchise. It originally aired on NBC and, in syndication, on various cable networks. Law & Orderpremiered on September 13, 1990, and completed its 20th and final season on May 24, 2010. At the time of its cancellation, Law & Order was the longest-running crime drama on American primetime television. Its record of 20 seasons is a tie with Gunsmoke (1955–1975) for the longest-running live-action scripted American prime-time series with ongoing characters. Although it has fewer episodes than Gunsmoke, Law & Order is still the longest-running hour-long primetime TV series because Gunsmoke was a half-hour show in its first six seasons.
Set and filmed in New York City, the series follows a two-part approach: the first half-hour is the investigation of a crime (usually murder) and apprehension of a suspect by New York City Police Department detectives; the second half is the prosecution of the defendant by the Manhattan District Attorney's Office. Plots are often based on real cases that recently made headlines, although the motivation for the crime and the perpetrator may be different.
The show has been noted for its revolving cast over the years. Among the longest-running main cast members were Steven Hill as District Attorney Adam Schiff (seasons 1–10), Jerry Orbach as Detective Lennie Briscoe (seasons 3–14), S. Epatha Merkerson as Lieutenant Anita Van Buren (seasons 4–20),Sam Waterston as Executive Assistant District Attorney Jack McCoy (seasons 5–20; later District Attorney) and Jesse L. Martin as Detective Ed Green(seasons 10–18).
The success of the series has led to the creation of additional shows, makingLaw & Order a franchise, with also a television film, several video games, and international adaptations of the series. It has won and has been nominated for numerous awards over the years, including a number of Emmy Awards. On May 14, 2010, NBC announced that it had canceled Law & Order and would air the final episode on May 24, 2010.[1][2][3][4] Immediately following the show's cancellation, Wolf stated that he was attempting to find a new home for the series and would also consider a "last resort" plan to conclude the show with a two-hour TV film to air on NBC.[5] In July 2010, however, he indicated that those attempts had failed and declared that the series had now "moved to the history books".[6]
However, in February 2015 rumors started that NBC was planning to bring the series back for 10 episodes.[7] In May 2015, former star Sam Waterston (EADA/DA Jack McCoy) announced to The Hollywood Reporter that he supports and would join a revival of Law & Order, saying: "You're darn right. Sure, I'd love it. Got to break the record."[8] Creator Dick Wolf has expressed wanting to use a L&O revival to do a 'ripped from the headlines' story-line surrounding the murder trial of Robert Durst, Wolf said "[Of all my past projects] I'd bring back Law & Order. Everybody who knows me knows it's something I want to do," he continued, "my only regret looking backward is all the great stories that we haven't been able to do for the past five years."[9] At the 2015 Television Critics Association summer press tour, Wolf noted everyone wants a revival, "It is a question of... most of the people involved are very successful in their careers. To try to get everything in sequence is much more difficult than it looks on the outside. I am always an optimist. I would love to do it if we can make it work."
Insurance fraud
Insurance fraud is any act committed with the intent to obtain a fraudulentoutcome from an insurance process. This may occur when a claimant attempts to obtain some benefit or advantage to which they are not otherwise entitled, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation the most common schemes include: Premium Diversion, Fee Churning, Asset Diversion, and Workers Compensation Fraud. The perpetrators in these schemes can be both insurance company employees and claimants.[1] False insurance claimsare insurance claims filed with the intent to defraud an insurance provider.
Insurance fraud has existed since the beginning of insurance as a commercial enterprise.[2] Fraudulent claims account for a significant portion of all claims received by insurers, and cost billions of dollars annually. Types of insurance fraud are diverse, and occur in all areas of insurance. Insurance crimes also range in severity, from slightly exaggerating claims to deliberately causing accidents or damage. Fraudulent activities affect the lives of innocent people, both directly through accidental or intentional injury or damage, and indirectly as these crimes cause insurance premiums to be higher. Insurance fraud poses a significant problem, and governments and other organizations make efforts to deter such activities.
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[show]Causes[edit]
The “chief motive in all insurance crimes is financial profit.”[2] Insurance contracts provide both the insured and the insurer with opportunities for exploitation.
According to the Coalition Against Insurance Fraud, the causes vary, but are usually centered on greed, and on holes in the protections against fraud.[3]Often, those who commit insurance fraud view it as a low-risk, lucrative enterprise. For example, drug dealers who have entered insurance fraud [4]think it’s safer and more profitable than working street corners. Compared to those for other crimes, court sentences for insurance fraud can be lenient, reducing the risk of extended punishment. Though insurers try to fight fraud, some will pay suspicious claims anyway; settling such claims is often cheaper than legal action.
Another reason for fraud is over-insurance, when the amount insured is greater than the actual value of the property insured.[2] This condition can be very difficult to avoid, especially since an insurance provider might sometimes encourage it in order to obtain greater profits.[2] This allows fraudsters to make profits by destroying their property because the payment they receive from their insurers is of greater value than the property they destroy. The most common form of insurance fraud is inflating the value of the loss.[citation needed]
Insurance companies are also susceptible to fraud because it's possible for fraudsters to file claims for damages that never occurred.
Losses due to insurance fraud[edit]
It is hard to place an exact value on the money stolen through insurance fraud. Insurance fraud is deliberately undetectable, unlike visible crimes such as robbery or murder. As such, the number of cases of insurance fraud that are detected is much lower than the number of acts that are actually committed.[2] The best that can be done is to provide an estimate for the losses that insurers suffer due to insurance fraud. The Coalition Against Insurance Fraud estimates that in 2006 a total of about $80 billion was lost in the United States due to insurance fraud.[5] According to estimates by the Insurance Information Institute, insurance fraud accounts for about 10 percent of the property/casualty insurance industry’s incurred losses and loss adjustment expenses.[6] The National Health Care Anti-Fraud Association estimates that 3% of the health care industry’s expenditures in the United States are due to fraudulent activities, amounting to a cost of about $51 billion.[7] Other estimates attribute as much as 10% of the total healthcare spending in the United States to fraud—about $115 billion annually.[8] Another study of all types of fraud committed in the United States insurance institutions (property-and-casualty, business liability, healthcare, social security, etc.)put the true cost at 33% to 38% of the total cash flow through the system. This study resulted in the book title "The Trillion Dollar Insurance Crook" by J.E. Smith. In the United Kingdom, the Insurance Fraud Bureau estimates that the loss due to insurance fraud in the United Kingdom is about £1.5 billion ($3.08 billion), causing a 5% increase in insurance premiums.[9] The Insurance Bureau of Canada estimates that personal injury fraud in Canada costs about C$500 million annually.[10] Indiaforensic Center of Studies estimates that Insurance frauds in India costs about $6.25 billion annually.
Law of the United States
The law of the United States comprises many levels[1] of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of acts of Congress,[2] treaties ratified by the Senate,[3] regulations promulgated by the executive branch,[4] and case laworiginating from the federal judiciary.[5] The United States Code is the official compilation and codification of general and permanent federal statutory law.
Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories.[6] However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign[7] system of American federalism (actually tripartite[8] because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution.[9] Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights.[10][11] Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.[12][13]
At both the federal and state levels, the law of the United States is largely derived from the common law system of English law, which was in force at the time of the Revolutionary War.[14][15] However, American law has diverged greatly from its English ancestor both in terms of substance and procedure,[16] and has incorporated a number of civil law innovations.
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[show]General overview[edit]
Sources of law[edit]
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).[17]
Constitutionality[edit]
Where Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional and declare it invalid.[18]
Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court.[19] Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court.[20][21]
American common law[edit]
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law.[22] Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder[23] and general search warrants.[24]
As common law courts, U.S. courts have inherited the principle of stare decisis.[25] American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.
Law
Law is a system of rules that are enforced through social institutions to govern behavior.[2]Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally bindingcontracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by aconstitution, written or tacit, and the rights encoded therein. The law shapes politics,economics, history and society in various ways and serves as a mediator of relations between people.
A general distinction can be made between (a) civil law jurisdictions (including Catholic canon law and socialist law), in which the legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, which is still the case in some religious communities, particularly Jewish, and some countries, particularly Islamic. Islamic Sharia law is the world's most widely used religious law.[3]
The adjudication of the law is generally divided into two main areas referred to as (i) Criminal law and (ii) Civil law. Criminal law deals with conduct that is considered harmful tosocial order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations.[4]
Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice. There is an old saying that 'all are equal before the law', although Jonathan Swift argued that 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.' In 1894, the author Anatole France said sarcastically, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread."[5] Writing in 350 BC, theGreek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."[6] Mikhail Bakunin said: "All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class".[7] Cicero said "more law, less justice".[8] Marxist doctrine asserts that law will not be required once the state has withered away.[9]Regardless of one's view of the law, it remains today a completely central institution.
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[show]Definition[edit]
Main articles: Definition of law and Analytical jurisprudence
Mainstream definitions[edit]
Numerous definitions of law have been put forward over the centuries. The Third New International Dictionary from Merriam-Webster[10] defines law as: "Law is a binding custom or practice of a community; a rule or mode of conduct or action that is prescribed or formally recognized as binding by a supreme controlling authority or is made obligatory by a sanction (as an edict, decree, rescript, order, ordinance, statute, resolution, rule, judicial decision, or usage) made, recognized, or enforced by the controlling authority."
The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, and complex mode of regulating human conduct. At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance."[11]
Whether it is possible or desirable to define law[edit]
There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated that no such definition could be produced.[12] McCoubrey and White said that the question "what is law?" has no simple answer.[13] Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings.[14] Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned.[15] It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases").
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