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CUSTOMER_CODE SMUDE DIVISION_CODE SMUDE EVENT_CODE Jan2017 ASSESSMENT_CODE MJ0005_Jan2017 QUESTION_TYPE DESCRIPTIVE_QUESTION QUESTION_ID 32645 QUESTION_TEXT Provide a brief account of courts of law in India. SCHEME OF EVALUATION a. There are various of law in India. The Supreme court of India is the ultimate interpreter of the constitution is the highest court………………………………..it comprises the chief justice and not more than 25 other judges appointed by the president of India–qualifications (2 marks) b. Jurisdiction–advisory–special–appellate–original–writ–extra ordinary………………………………….Interpretation of constitutionalists of law (2 marks) c. Sub–ordinate courts–family court–to promote conciliation and settlement of disputes relating to marriage and family affairs…………………………..suits can be held in camera, if need be (2 marks) d. District courts–territorial jurisdiction of a district–offences considered– Felony…………………………..recovery of possession damages (2 marks) e. Civil courts deal with individual rights–contract disputes– divorce……………………………….Small causes courts–details (2 marks) QUESTION_TYPE DESCRIPTIVE_QUESTION QUESTION_ID 32646 QUESTION_TEXT Enumerate the six freedoms enshrined in the Indian Constitution with special reference to freedom of speech and expression. What reasonable restrictions are placed on it? Explain in Detail. SCHEME OF EVALUATION a. Fundamental rights of Indian citizens–importance of personal liberty. The personal liberties provide the basis of fundamental rights–six fundamental rights in the nature of freedoms, guaranteed under Article 19 of the Indian constitution they are: Freedom of assembly–freedom of speech and expression–freedom of form associations–Freedom of movement–Freedom to reside and settle–freedom of profession, occupation, trade or business details (2 marks) b. However, these 'six freedoms' are however not absolute. Absolute individual rights cannot be guaranteed by any modern State. An organized society is the precondition of civil liberties. There cannot be any right, which is injurious to the community as a whole–complete liberty without any social control will ruin the entire society society–observation of Patanjali Shastri. (2 marks) c. Reasonable restrictions mentioned in the constitution–restrictions on the rights under Article 19(1) can be imposed by a law, not by departmental instructions–should not be arbitrary–it is for the courts to decide that a particular restriction is reasonable or not wide scope for judicial review–each case judged on its own merits–The supreme court has laid down guidelines for this (2 marks) d. It is the courts, not the legislature which has to judge whether a restriction is reasonable or not. It is a limitation–there is no exact standard or general pattern of reasonableness–the restriction must be substantively reasonable– must have a rational relation with the object executive authority does not have any power to decide (2 marks) e. The fundamental rights are available only to Indian citizens–only for natural persons–not legal person–freedom of speech and expression–the expression can notes all publication–freedom of press is included–it also means freedom of circulation–self fulfillment–discovery of truth case law studies as examples (2 marks) QUESTION_TYPE DESCRIPTIVE_QUESTION QUESTION_ID 32648 QUESTION_TEXT Amplify the censorship as a restriction on the press. SCHEME OF EVALUATION a. Censorship is the use or threat of power to suppress ideas. Censorship benefits the powerful, not the powerless. Labeling, rating, and filtering systems are censors' tools. Censorship is deleting parts of publications or correspondence or theatrical performances. It is official prohibition or restriction of any type of expression believed to threaten the political, social, or moral order, imposed by powerful groups or authority. (2 marks) b. It may be applied to the mails, speech, the press, the theater, dance, art, literature, photography, the cinema, radio, television, or computer networks. It is placing restrictive controls on the dissemination of ideas, information, or images through any communication medium commonly a prohibitive act directed against the original forms of information. (2 marks) c. In liberal democratic societies, censorship is not justified–it is a complex issue–a balance between the right to free expression and not being distasteful or harmful. Types of Censorship are: censoring for good taste, censoring for privacy and security–censoring of ideas– Censoring - borderline issues–it can be either by voluntary action or by forced one–voluntary by the artist himself. (2 marks) d. Voluntary - by the company (Producers, distributors, publishing houses)– Community decision and enforcement (votes, public decisions, pressure)– Forced - by the government–restrictions/levels of access– Age restrictions– Location restrictions–Censorship is opened to Education and information– Dramatic uses– Restrictions to access (2 marks) e. Music censorship–against abusive language–censorship of Internet– personal censorship is feasible–censorship of radio–violence and sex on TV– Central Board of Film certification–rules–functions–details (2 marks) QUESTION_TYPE DESCRIPTIVE_QUESTION QUESTION_ID 32649 QUESTION_TEXT Critically examine the concepts of ethical egoism and utilitarianism in relation to media. SCHEME OF EVALUATION a. Aristotle’s view that people should behave so as to achieve happiness is challenged by some philosophers as being fundamentally flawed. To do what is right because it makes us happy is just self-interest……………………………– Kants categorical imperatives do not solve the morality issue. Ethical egoism suggests that all morality is in reality self interest (2 marks) b. Utility, or the Greatest Happiness principle, holds that actions are right in proportion, as they tend to promote happiness, wrong, as they tend to produce the reverse of happiness, according to John Stuart Mill utilitarianism is also widely accepted in the west as an ethical system. (2 marks) c. Aristotle emphasized happiness in life and said that life should moderate which is similar to values of balance, fairness and proportion of media which can help in creating healthy atmosphere. Aristotle’s theory of acting rightly has implication for communication ethicists and media practitioners–fact should be brought to public–they should neither be exaggerated nor extra–precautionary. (2 marks) e. The other point emphasized by Aristotle was virtue–it should be inseparable part of human beings–truth–a journalist should be truthful–religion for him was a question of faith–repetition is needed to promise happiness– Aristotle also stressed on utility–a reporter does hard work and his information is used by many people–ad companies, research, centers, project makers, features writers, others. (2 marks) QUESTION_TYPE DESCRIPTIVE_QUESTION QUESTION_ID 32650 QUESTION_TEXT What role do you assign to morality vis–a–vis a free press? SCHEME OF EVALUATION a. Being part of a community brings responsibilities–enough information……………….However, the moral decisions are not about which news to use but are decisions about the text concerned is news at all. (2 marks) b. Journalists make choices to leave out stories………Most societies in the world feel strongly about some area of media ethics and ensure appropriate behavior by legislating in that area. (2 marks) c. Consensus about what is acceptable for the media to publish or more usually, not publish……………..Journalist do not have much of ethical problems. The contempt of courts act in Britain (1981) details. (2 marks) d. Audience approval as a major component–this makes journalistic work market–driven–adhering to an ethical value system becomes difficult–issue of loyalty–morality and truth–different dimensions–newsmaps–other details– examples. (2 marks) QUESTION_TYPE DESCRIPTIVE_QUESTION QUESTION_ID 106206 QUESTION_TEXT Enumerate the advantages of cyber technology. SCHEME OF EVALUATION a) provisions fore-business through email-validity-legality- approved by court of law-legal form of communication-electronic commerce using legal infrastructure (2 mark) b) Digital fig natures are legally valid and sanctioned- hearing is conducted in writing only- impact on fairness and evidence-inexpensive storage, retrieval and use (2 mark) c) Entry of corporate in digital signature certificate business- govt. notifications through web (2 mark) d) companies can file any form, applications- or document to any office, authority, body or agency of govt. in electronic form- addresses issues of security for success of electronic transactions ( 2 mark) e) statutory remedies for corporate will be available in the event of breaking into computer or network systems-damages-monetary compensation is available (2 mark)