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Topics - Nahid Afreen

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Law / Qualitative vs. Quantitative Research
« on: November 29, 2018, 10:54:19 PM »

Law / Syria: Hundreds of bodies exhumed from mass grave in Raqqa
« on: November 28, 2018, 06:04:34 AM »
A month and a half since digging in one of Raqqa's largest discovered mass graves began, grave diggers continue to exhume bodies, with one official saying that more than 500 bodies have been so far recovered.

The operation in the city in northern Syria, once the de facto capital of the Islamic State of Iraq and the Levant (ISIL, also known as ISIS) armed group, is being undertaken by local groups and first responders amid concerns regarding the preservation of bodies and evidence for possible war crimes trials.

Raqqa was taken from ISIL in October 2017 after a fierce US-backed campaign, but recovery teams continue to locate mass graves in and around the city.

The Panorama mass grave, named after the neighbourhood where it was found, is one of the largest of nine mass graves discovered so far, and is believed to contain around 1,500 bodies.

Hammoud al-Shawakh, a local official involved in the work, was quoted as saying by The Associated Press news agency on Tuesday that 516 bodies believed to be of ISIL fighters and civilians have so far been exhumed.

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Law / The Canadian Doctrine of Living Tree
« on: November 09, 2018, 11:29:59 PM »
The Persons Case and the Living Tree Theory of Constitutional Interpretation (Robert J. Sharpe)

On October 18, 1929, Lord Sankey, England’s reform-minded Lord Chancellor, ruled that women were eligible for appointment to Canada’s Senate. This was a significant victory for Edmonton Judge Emily Murphy, her four female colleagues, known as the “famous five”, and for the women’s movement in Canada.  The Judicial Committee of the Privy Council, then Canada’s court of last resort, had rejected the prevailing view of Canada’s legal establishment that women were not, in the words of the constitution, “qualified persons” for appointment to the Senate.

Lord Sankey’s bold decision overruled the Supreme Court of Canada’s 1928 judgment insisting that the meaning of the constitution could not change with time. Women could not hold public office in 1867 and, said the Supreme Court, only a constitutional amendment could render them “qualified persons.” Striking the most powerful and enduring metaphor in modern Canadian constitutional jurisprudence, Lord Sankey announced that the constitution is “a living tree capable of growth and expansion within its natural limits,” a document that is in “a continuous process of evolution.”

This paper will consider origins and the legacy of the “living tree” metaphor in Canadian constitutional interpretation.

Robert Sharpe has been a member of the Court of Appeal for Ontario since 1999. Before his appointment as a trial judge in 1995, he was a professor and Dean at the Faculty of Law, University of Toronto. He is a Fellow of the Royal Society of Canada. Robert Sharpe is a Visiting Professor at Oxford University and was awarded LL.D. degrees from the Law Society of Upper Canada and the University of Windsor in 2011. He has written several books including The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (with Patricia McMahon) (2007).
The Living Tree In Theory and Practice (Peter C. Oliver)

I propose to look at how the “living tree” doctrine has been applied in Canada in a selection of cases since 1929. I will also attempt to situate this doctrine in constitutional and legal theory. I am particularly interested in the extent to which contextual factors are relevant to courts in constitutional adjudication.

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Law / The Doctrine of Eclipse
« on: November 09, 2018, 11:20:10 PM »
The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not dead totally but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment to the relevant fundamental right so that eclipse vanishes and the entire law becomes valid.

When a Court strikes a part of law, it becomes unenforceable. Hence, an 'eclipse' is said to be cast on it. The law just becomes invalid but continues to exist. The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian Penal Code, 1860 unconstitutional. Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur case reversed this decision and held the section as constitutional whereby the eclipse was removed and it because operable again.


Law / How ICT can help in education?
« on: November 09, 2018, 11:10:27 PM »
ICTs can enhance the quality of education in several ways: by increasing learner motivation and engagement, by facilitating the acquisition of basic skills, and by enhancing teacher training. ICTs are also transformational tools which, when used appropriately, can promote the shift to a learner-centered environment.

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Law / Medical Malpractice
« on: November 09, 2018, 11:05:44 PM »
Medical negligence is a day-to-day instance in Bangladesh which is underway due to a lack of accountability. It is our strong belief that doctors or medical professionals be obliged under moral duty and oath to serve their best to protect our lives and health.

Because of preferring their profit, illegal motives, excess workload, poor management system, lack of knowledge about scientific invention, loopholes in the existing legal system, people’s unwillingness to bring legal action against medical professionals, and for some other difficulties some medical practitioners are usually found to be negligent about their performance. Peoples in our country are getting aware and are willing to bring legal actions for medical negligence instances which cause death and/or damage to the victims.

The Constitution of Bangladesh as the supreme law of the country has protected the right to health of its citizen in a strict way. The Supreme Court of Bangladesh is also willing to perform its Constitutional duty and to give remedy under constitutional law for medical negligence claims.

Though there are some loopholes in the existing domestic laws and legal system, the government of the People’s Republic of Bangladesh is taking initiatives to mitigate or reduce such instances.

Moreover, medical professionals are expected to know about the legal consequences of their medically negligent performances and should avoid themselves landing in such controversial situations and litigations. They are expected as always to maintain their professional dignity.


It can be said that the principle of PSNR, in contrast with other State practices (bilateral treaty agreement with foreign investors, environmental obligations, obligation of customary international laws, etc.) has brought to a situation in which it can only be presumed the existence of a very vague principle of PSNR. It only gives the general right of a state to manage and control its natural resources and that it has the duty to make its people benefited from the exploitation of such resources. Then the obvious question comes why the principle was introduced and welcomed by United Nations. The answer is probably, the term was introduced to persuade those tormenting nations undergoing the phase of decolonization to fight with their limited resources to cope up with world’s advance economy. But, that era of decolonization is gone. Moreover, the concept is becoming shrinking due to the State interdependence with others for technological benefit, sharing common resources or for protecting the environment globally. It is also evident that, while in the past emphasis has been placed on the States rights aspect of PSNR, it is now time for a shift in focus to duties flowing from this right. The development of PSNR has trended to focus on the formulation of rights in the earlier periods, but balance with duties has been increasingly created by stipulating that PSNR be exercised for national development and well-being of the people. It is even addressed in the resolution of PSNR that the term ‘sovereignty’ refers not to the absolute sense of the term, but rather to governmental control and authority over the resources in the exercise of the well being of the people of the state c o n c e rn e d .To wrap up, it can rightly be said that the concept of State oriented sovereignty is gradually transforming into mankind oriented sovereignty around the globe.


Law / Findings from ILO Convention on Forced Labour
« on: November 09, 2018, 10:28:31 PM »
Iit is evident that even though under the Constitution of Bangladesh all forms of forced labour are prohibited,  there  are provisions in various laws under which labour may be imposed amounting to  ‘forced labour’  within the meaning of the ILO Conventions. These  laws  are:  The Essential  Services  (Maintenance)  Act,  1952  (Act  No.  LIII  of  1952),  The Essential  Service  (Second)  Ordinance,   1958  (Ordinance  No. XIV), The Special Powers Act  1974 (Act No. XIV of 1974), The Penal Code  1860 (A ctN o. XLV of 1860), The Industrial Relations Ordinance,   1969  (Ordinance  No.  XXIII),  The  Control  of
Employment Ordinance,  1965  (Ordinance No.  XXXII of  1965), The Post Office Act,  1898, (Act No. VI of 1898), The Bangladesh Merchant Shipping Ordinance,  1983, (Ordinance No. XXVI) and The  Services  (Temporary  Powers)  Ordinance,  1963  (Ordinance
No II of 1963. It may be recalled that our Constitution guarantees of  prohibition  against  forced  labour  and  Article  26  of  the
Constitution provides that all existing laws  inconsistent with the fundamental  rights  as  provided  in  Part  III  shall  to  the  extent  of
inconsistency  become  void  on  the  commencement  of  this Constitution and the state shall not make any law inconsistent with
those rights.


Law / Salient differences between Fundamental rights and Human rights
« on: November 09, 2018, 10:19:53 PM »
Differences between fundamental rights and human rights are given below in points:

1. The elemental rights of the citizens of a country, which are mentioned in the constitution and enforceable under the law are known as fundamental rights. On the other hand, human rights are the rights that a human being needs to survive with respect and freedom.
2.  Fundamental rights include only those rights which are basic to a normal life. Conversely, human rights include those rights which are basic to a real life and are absolute, i.e. it cannot be taken away.
3.  While fundamental rights are country-specific, i.e. these rights may vary from country to country, human rights have a global acceptance, meaning that all human beings enjoy these rights.
4.  The fundamental rights rely on the basic principle of the right of freedom. As against, human rights are based on the right to life with dignity.
5.  Fundamental rights are guaranteed under the constitution of the country, whereas human rights are recognized at an international level.
6.  Both fundamental and human rights are enforceable in nature, but the former is enforced by the law court, and the latter is enforced by the United Nation Organization.
7.  Fundamental rights are derived from the views of a democratic society. Contrarily, human rights emerge from the ideas of civilized nations.

Law / What Qualities Should a Good Criminal Lawyer Have?
« on: November 06, 2018, 10:40:09 PM »
Criminal trials are a part of everyone’s everyday life, as we hear about them on TV and read about them in the news. People are keen to know what arguments were used and what defenses were brought by the lawyers to prove the accused’s innocence. But when it comes to a crisis of that magnitude in our personal lives, we need to know more than just what is shown on TV. We need to know what qualities to look for in a criminal lawyer when we need one.

A criminal defense attorney is a lawyer who specializes in defending people accused of crimes. He or she is specialized in concessions, questioning witnesses and how to advise clients on the best course of action to take. He or she should possess the following qualities to attain success in defending their clients.

Great communication skills:
The lawyer should be as good a listener as he is a speaker. He should be able to listen to the client and decide exactly what manner to deal with the case. He should also be able to communicate with the opposite party and negotiate terms and conditions of a release or out of court settlement.

All experts are expected to have complete knowledge of their field, but criminal lawyers need to be sharper and stay on top of their game as things tend to change quickly in the world of law. He should know what cases can be filed against his client and what defenses to use for each accusation.

The criminal lawyer should engage aggressively with any case. As important as it is for him to stay patient, a more rewarding quality is to deal with the case aggressively and not let anything go by unnoticed.

The criminal lawyer should be able to keep personal information about the client and his kith and kin strictly to himself. It is vital to not let the information get out or that will lead to a conflict of interest and also expose the client to external biases. The lawyer should investigate into the information on his own and verify it, without discussing it with external sources.

Personal involvement:
If the lawyer does not hold himself personally responsible for resolving the case he has undertaken, then he will not put in his best efforts to get the defendant out. He should be concerned with the client’s safety and moves quickly to get incarcerated clients out of jail. He should be able to understand the impact that the case has on the life of the client and should care about the direction in which the case is headed. He should proactively incorporate the information you provide into the defense strategy, without any delays.

A criminal defense lawyer is a crucial aspect of the defense process and should be chosen with care and research. Ensure that the lawyer is certified and has time to dedicate to your case instead of balancing way too many cases. You would want someone who gives his undivided attention to your case.


Law / A low CGPA will ruin your career: myth or fact?
« on: November 06, 2018, 09:26:42 PM »
If you thought your parents, annoying aunties, and your cat would stop caring about your results once you start university, you have probably suffered quite a blow when those first semester grades got published. While many of your friends were boasting their 3 point something CGPA, you were just trying to grasp how the semester flew by, with your 2 point something on the grade sheet. But really, does it matter? Let us take on this question without going the nihilistic route.
Your cumulative grade point average indicates how well you have aced your academics and how dedicated you have been all throughout.
“CGPA may be a factor for short-listing candidates from the primary pool of applicants. But if you can prove that you have value and quality in spite of having a low CGPA, you can quite easily bag the job,” says Sanjida Islam, a BBA graduate from North south university.
CGPA thus acts as a bonus in jobs as such, but it may not always be the case.
According to Johan Ahmed from IBA, DU, “Your career requires long-term thinking. So it is necessary to understand whether CGPA affects your first job. A low CGPA may at most make you ineligible to apply to some organizations. But the number of such organizations is not many. Once you get a job by the virtue of your CGPA, the rest depends entirely on your job performance. So, unless you have a very low CGPA, say, below 2.7, almost all doors are open for you.”
However, even to this day when there's an evident need for increased emphasis on extra-curriculars besides academics, there still exists a handful that conceptualizes high CGPA as a gateway to a bright career.
HR manager and headhunter at Magnum Management Consulting, Sharmili Rowshan Kabir, offered her two cents on this saying, “Given how we receive CVs of C-suite executives with low CGPAs, this is not true at all. But it certainly does have an impact at the start of your career. Most coveted jobs and MNCs have a cut-off CGPA of 3.3 to 3.5. As such, individuals with such CGPAs are highly sought after, particularly by local companies, after they have gathered 4-5 years' experience in MNCs. If you have a good CGPA, you are eligible to apply to good organizations with high cut-off to help you to stay ahead of the game.”
Nooha Sabanta Maula, a recent Anthropology graduate from BRAC, says, “I do not think CGPA matters at all. Employers are more interested in knowing how you can contribute to their organization. Obviously, having a CGPA bordering on the probation limit wouldn't be wise either. A low CGPA, say below 3, will be an issue if you're looking for a scholarship abroad. However, with a good score on GRE/GMAT and with some good work experience, it can be managed.”
Moving on to a BSc. graduate, Afifa Tabassum Tinni, Assistant Professor at BUET, opines, “If there are candidates with the same degree, background, and interview performance, then employers tend to look at the result. It isn't true when they say “CGPA doesn't matter”, and it also isn't true that you don't need any other skills if you have a good CGPA.”
Dyuty Auronee, an IBA graduate working at Unilever HR offers a different insight. “There's a lot of grey area here as it differs from job to job, and from person to person. People might think that you can 'compensate' for a low CGPA with ECAs but they are honestly there to sharpen you, not to compensate for any lack of sincerity you show in your studies. There's still the other side. I've seen a 3.5 beat a valedictorian with a 3.9 in recruitment tests because the exams of MNCs and even some locals go beyond CGPA to test your abilities in case solving, presentations, teamwork etc.”
It is true that sometimes vocational knowledge impacts the employers' decision. Saleh Ahmed, a BAT employee gives his take on this by saying, “There are two schools of thought regarding the significance of your CGPA. One says that low CGPA means low sincerity. If an individual couldn't be sincere to his studies, how will he be sincere to the job?
The other train goes by saying CGPA doesn't signify any parameter of job performance. As a marketing graduate myself, I would say this field is very dynamic given how it assigns low importance to CGPA by compensating it with a graduate's other accomplishments. I've seen people selling business competitions and even football skills in final interviews of marketing jobs.”
Irfan Ahmed Sadib, a senior officer at Standard Chartered Bank, offered quite a unique perspective, “I've seen how often, a CGPA of 3.8+ or so scares the HR officers away. They think the candidate will surely leave for higher studies or a better paying job, and they actually do. My advice to you would be to not just study 24/7. In real life, how you manage to stand in front of your boss and talk like a real professional matter the most. Build and market yourself in a way that even you'd want to hire yourself.”
At the end of the day, what you want to do after finishing undergrads in entirely up to you. While you might not be able to apply for masters if your CGPA is embarrassingly low, you would probably still get a pretty good job, and work your way up from there.


Law / Tips for Improving Teacher-Student Relationships
« on: November 06, 2018, 09:03:08 PM »
Here are ten practical and easy ways to improve teacher-student relationships.

1. Get to know the students by name as quickly as possible. Students will appreciate this. You may want to distribute an information sheet at the first class session. The sheet can ask students for their name, the name they prefer to be called by, where they live, interests or hobbies, a success experience, goals, places they have visited, part-time jobs held, etc.

After you have students use the information from the sheet to introduce themselves to two or three other students whom they may not know in the class, you can have them come before the whole class and introduce themselves. As students do this, you will have a chance to focus on one student at a time. You may want to use imagery to help you remember each student by associating some particular image that is based on the student's name. You may also want to ask some follow-up questions. This will not only allow you to come to know more about each student but will also communicate your interest in them.

2. Get to know some personal things about each student. Using the survey described previously is one way to accomplish this. Another activity is to take advantage of the time at the beginning and end of class, after tests, before holidays, or after holidays just to talk with and listen to students. Ask students about their weekends, goals and aspirations, and opinions about local, national, and world events. What you talk about is probably less important than the fact that you were interested enough to ask and listen.

In your effort to improve classroom climate and build better teacher-student relationships, avoid focusing on answering factual questions or testing students' knowledge when discussing current events. Instead, ask them opinion questions. The goal is to get students to participate, to feel like they are valued members of the class and that their comments are valued-not to assign grades.

3. Conduct a values analysis discussion about some current event or topic. In this activity, it is important that certain rules be followed. Make sure that when anyone is speaking, everyone listens to the speaker. Students may ask questions to help clarify what a student is saying, but they cannot challenge or disagree with the speaker. Other students can respond with their opinions and support it, but they cannot directly disagree with each other.

In getting students to listen to each other and you, you may need to discuss why it is important to listen carefully to others. Talk with them about respect and how they feel when others listen carefully to what they have to say. After all, as social studies teachers, aren't teaching and understanding good interpersonal communication important goals for us?

4. Provide positive comments when appropriate. Sometimes we become so busy or frustrated by the problems that occur that we forget to notice and comment on the positive things students do. Teachers can recognize effort, cooperative behavior, and helping behavior. Positive comments can also be made about things like a new hairstyle, a shirt, a pair of shoes, or a good voice.

If you think the student might be embarrassed by public recognition from a teacher, then comment privately to the student. This can be done during study time. Or, you can write comments on papers you are returning to students such as homework assignments or tests.

5. Be positive and enthusiastic when teaching. Most students find it difficult to be motivated when the teacher is not. As we demonstrate our interest and joy in teaching, it shows that we enjoy being in the classroom and implies we enjoy being with the students. This should enhance teacher-student relationships.

6. Show students that you are not only interested in them but also that you care about them. How can you do this? Take the time to talk individually with students. You could do this by setting a goal for talking individually with each student every week, or whatever is practical. You can ask about how they are doing with the content and skills in the course, or you may prefer to make the conversation a more personal one. For example, you might ask students about their extracurricular activities, hobbies, or interests.

Some teachers make it a practice to greet students as they come into the classroom as yet another way to demonstrate their interest in their students.

Another activity that some teachers use to help students and to show them that they care is to have set times before, during, or after school to provide students with extra help on assignments or just to be there to talk with them. For example, you could be available to help students for thirty minutes before or after school.

7. Avoid the use of threats and punishment. If students do something that is disruptive, use a time-out procedure rather than punishment. After the time-out procedure has been used, be sure to sit down with students and talk with them. Practice active listening. That is, ask them how they feel about what occurred. Give them a chance to get out any frustrations and feelings. After they have had a chance to discuss their feelings, then you can talk about ways to avoid such an occurrence in the future. Make it clear to the student that it is the behavior and not the person that is unacceptable. In fact, make it a point to say or do something that will make the student feel valued.

8. Do not play favorites. Some students are easy to like, while others are not. Yet we need to be sure that some students do not get special privileges and others harsher treatment because of our feelings toward them. When we have tasks or responsibilities to be carried out, be sure to give all students an opportunity to participate. This will give us one more opportunity to strengthen our relationship with students by showing trust in them, as well as providing us with the opportunity to thank them for something they have done.

9. Create a supportive classroom environment. Instead of having students compete with each other for grades, recognition, and/or success, have students work together cooperatively to carry out some task or project. In the evaluation process, base the grade on both individual and group achievement. Structure the evaluation process in such a way that individual improvement will help the group grade as well as the individual grade. This will hopefully get students to work together and help each other.

10. Create an environment where questions and answers-even wrong answers-are encouraged and valued. Students learn more and participate more when they feel comfortable asking and answering questions. But students will not ask or answer questions if they think they will be embarrassed. Encourage and recognize students when they ask and answer questions. When students tell you that they do not understand something, tell them that you appreciate their comment because it helps you to know what aspects of a lesson need additional coverage.

Bracey, G.W. "Why Can't They Be Like We Were?" Phi Delta Kappan 73 (October 1991): 104-117.Hawley, R.C. Ten Steps For Motivating Reluctant Learners. Amherst, MA: Education Research Associates, 1982.Morganett, L.L. "Good Teacher-Student Relationships: A Key Element in Classroom Motivation and Management." Education 112 (Winter 1991): 260-264.Spaulding, C.L. Motivation in the Classroom. New York: McGraw-Hill, 1992.Wlodkowski, R.J. Motivation and Teaching: A Practical Guide. Washington, DC: National Education Association, 1986. Lee Morganett is a professor of social studies education and educational psychology at Indiana University Southeast.


Law / The cabinet has embraced the draft of "Animal Welfare Act"
« on: November 06, 2018, 08:31:26 PM »
The cabinet has consented to the draft of "Animal Welfare Act,” which pursues to stop cruelty towards animals and safeguard the responsibility for their well-being and security. The draft suggests a maximum of two-year imprisonment and a Tk50,000 fine for killing an animal and six-month jail and Tk10,000 fine for cruelty towards animals or using them for excessive toil. The approval was given at the regular cabinet meeting at the Secretariat, with Prime Minister Sheikh Hasina in the chair. “The new Act has been legislated to shield vertebrate animals, including pets and domesticated animals, from human cruelty,” Cabinet Secretary Mohammad Shafiul Alam told reporters after the meeting. Shafiul said that according to the draft law, showing unnecessary cruelty towards animals or beating them is considered a punishable offense, even if it is the owner who commits the offense. “The director general of the Department of Livestock Services, authorized officials under that department, or any police personnel holding the rank of a sub-inspector or above can file a case against any person who commits such offenses.” These days, pet breeding businesses, especially of dogs, are increasing, though many of them are not registered. With respect to this matter, he said that the commercial breeding and management of pets need to be animal-friendly and registered with the department concerned.

Law / Private nuisance vs. Public nuisance
« on: November 06, 2018, 07:58:24 PM »
Private nuisance:
Private nuisance was defined in Bamford v Turnley, where George Wilshere, 1st Baron Bramwell defined it as "any continuous activity or state of affairs causing a substantial and unreasonable interference with a [claimant's] land or his use or enjoyment of that land". Private nuisance, unlike public nuisance, is only a tort, and damages for personal injuries are not recoverable.  Only those who have a legal interest in the affected land can sue; an exception was made in Khorasandjian v Bush, where the Court of Appeal held that a woman living in her mother's house was entitled to an injunction to prevent telephone harassment despite having no legal interest in the property. In Hunter v Canary Wharf Ltd, however, the House of Lords rejected this development, arguing that to remove the need for an interest in the affected property would transform the tort of nuisance from a tort to land into a tort to the person. The liable party under private nuisance is the creator, even if he is no longer in occupation of the land or created a nuisance on somebody else's land. In Sedleigh-Denfield v O'Callaghan, it was held that the defendant was liable for a nuisance (a set of water pipes) even though he had not created it because he had used the pipes and thereby "adopted" the nuisance.
There is a general rule that a landlord who leases a property is not liable for nuisances created after the occupier takes control of the land. There is an exception where the lease is granted for a purpose which constitutes a nuisance, as in Tetley v Chitty, or where the nuisance is caused by their failure to repair the premises, as in Wringe v Cohen. The landlord is also liable where the nuisance existed before the land was let, and he knew or ought to have known about it. Under the principle of vicarious liability, an occupier of land can also be liable for the actions of their employees; in Matania v National Provincial Bank, it was also established that they could be liable for the activities of independent contractors under certain circumstances.
For there to be a claim in private nuisance, the claimant must show that the defendant's actions caused damage. This can be physical damage, as in St Helen's Smelting Co v Tipping, or discomfort and inconvenience. The test for remoteness of damage in nuisance is reasonable foreseeability, as established in Cambridge Water Co Ltd v Eastern Counties Leather plc; if the defendant was using their land unreasonably and causing a nuisance, the defendant is liable even if they used reasonable care to avoid creating a nuisance. The test is whether or not the nuisance was reasonably foreseeable; if it was, the defendant is expected to avoid it.
Public nuisance:
Public nuisance concerns protecting the public, unlike private nuisance, which protects an individual. As such it is not only a tort but also a crime. In Attorney-General v PYA Quarries Ltd,  it was defined by Romer LJ as any act or omission "which materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects". Because of the wide definition given, there are a large range of issues which can be dealt with through public nuisance, including picketing on a road, as in Thomas v NUM,] blocking a canal, as in Rose v Miles, or disrupting traffic by queuing in a road, as in Lyons v Gulliver. A significant difference between private and public nuisance is that under public, one can claim for personal injuries as well as damage to property. Another difference is that public nuisance is primarily a crime; it only becomes a tort if the claimant can prove that they suffered "special damage" over and above the effects on the other affected people in the "class". The test for the required size of a "class" was also discussed in Attorney-General v PYA Quarries Ltd, with the court concluding that the test was whether the nuisance was "so widespread in its range or so indiscriminate in its effect that it would not be reasonable to expect one person to take proceedings on his own responsibility to put a stop to it, but that it should be taken on the responsibility of the community at large".
Because public nuisance is primarily a criminal matter and affects a "class" of people rather than an individual, claims are normally brought by the Attorney General for England and Wales as a "relator", representing the affected people. Other members of the affected class are allowed to sue individually, but only if they have suffered "special damage".The potential defendants in public nuisance claims are the same as those in private nuisance, with their liability dependent on a test of reasonableness; in public nuisance, however, this is determined by looking solely at the interference, not the defendant's actions.


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