INTRODUCTION TO TRIAL ADVOCACY

What is Advocacy?

Ans: It is an art of convincing. It is simply a competition in persuasion. The synonyms of term convince are: influence, seduce, compel, forceful, believe, persuade, realistic, true to life.

 

What is Trial Advocacy?

Ans: Trial refers to adjudicating a fact. At trial court, the job of an advocate is to prove or disprove a fact.  This mandates presentation of grievance, proving it.

 

What is power? What are various kinds of power?

Ans: The ability to influence other man is called power.  The Power can be Legal, social, economical, cultural, moral, opinion, psychological etc.,

 

What is Politics?

Ans: Politics as a term is generally applied to the art or science of running governmental or state affairs. It consists of “social relations involving authority or power” and to the methods and tactics used to formulate and apply policy.

 

What is office Politics?

Ans: Office politics or Workplace or organizational politics is “the use of one’s individual or assigned power within an employing organization for the purpose of obtaining advantages beyond one’s legitimate authority.” It is a pursuit of individual agendas and self interest without regard to their effect on the organization’s efforts to achieve its goals. Some of the personal advantages may include access to tangible assets, or intangible benefits such as status or pseudo-authority that influences the behavior of others. Both individuals and groups may engage in Office Politics.” “Self-serving political actions can negatively influence our social groupings, cooperation, information sharing, and many other organizational functions. Thus, it is vital to pay attention to organizational politics and create the right political landscape. “Politics is the lubricant that oils your organization’s internal gears.” Office politics is also described as “simply how power gets worked out on a practical, day-to-day basis.”

Society Power BOX – 1850:

 The Executive has a dominating power – Indian Civil service.Legislature
Judiciary
Political parties
Dominating Caste groups
NGOS’/Media

Society Power BOX – 1950

   In view of Constitution Executive became subordinate to Legislature and Judiciary. As such, Executive dominating power diluted, it shared power with remaining institutions.Legislature
Judiciary
Political parties
Dominating Caste groups
NGOS’/Media

 

   Society Power BOX – 2000

 Legislature Executive
Judiciary
Political parties Panchayat Raj Institutions Women Groups
Dominating Caste groupsAll kinds of caste Groups
NGOS’/Media
     

 

 

Court Power BOX – 1850 to 1970

 JudgeAdvocate
Court Staff
Prosecutor/Police/ Government Pleader
Appellate/Superior Courts
Bar Association

 

 

Court Power BOX -1980 to 2012

 JudgeAdvocate
Court Staff
Prosecutor/Police/ Government Pleader /Media/Political groups
Appellate/Superior Courts
Bar Association and caste groups

 

Note:  Many times there will be variation power exercise by one actor over other basing on the actors’ individual strengths and weakness. The above table’s only give general and rough picture about various players in the system and quantum of influence they used to exercise during various times over the outcome of the decision.

Now the question is How to be Successful Player in the game of Power?

 

What is Personality?

Ans: The only answer is having a right Personality. The Personality is the particular combination of qualities, skills, values, emotional, attitudinal, and behavioral response patterns of an individual. If you deficit of any of them develop and if you have them already, upgrade them as there is no end for sharpening personality.

 

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