Law of Wills in India Free Essays

string(39) " which is otherwise called as Codicil\." Property Law Research Paper LAW OF WILLS IN INDIA Submitted By-Ishani Mehta BA. LLB -2011 Section-A (22 November, 2012) CONTENTS- * Definition * Key Terms * Different types of wills * Essential Clauses of a will * Restrictions or Limitations for making of a will under The Indian Succession Act 1925 * Registration of a will * Property, which can be, disposed of by Will * Principals of rate able abatement in case heirs do not give consent. * Probate of a will * Muslim laws on wills in India * Revocation of a will * Revocation of a will by Muslims * Codicil * Who can be a devisee under a will? Definition – Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime. We will write a custom essay sample on Law of Wills in India or any similar topic only for you Order Now OR Will means the legal declaration of the intention of a testator with respect to his property, which he desires to, take effect after/*appointment of Executor by the testator, the Court may appoint a person called ‘Administrator’ to execute thee will. OR The term ‘Will’ is defined under ‘Section: 2(h)’ of The â€Å"Indian Succession Act, 1925†, means the legal declaration of the intention of a testator with espect to his property which he desires to be carried into effect after his death. A testator is authorized with a power to appoint any person as beneficiary of his Will whereas ‘Section: 5’ deals with the law regulating succession to deceased person’s moveable and immovable property. My interpretation of a will- A Will or testament as it is often called is a legal declaration by which the testator names one or more persons to manage his/her estate and provides for the transfer of his/her property at the time of death. A Will can be made by anyone who is above 21 years of age in India. It can be seen as a statement made by a testator in the written form stating the manner in which his estate/property must be distributed after his death. A Will being a testamentary document comes into effect after the death of the testator and if the person dies without writing any Will then he/she is said to be have died intestate. The person in whose favour the testator bestows the benefits is called the beneficiary or legatee. A Will is otherwise known as a Testament. KEY TERMS- * Codicil- Codicil is an instrument math in relation to will. It is a part of the will. Abatement of Legacies- When a testator bequeaths more than one third of the property, and the heirs refuse to give consent, it is to be adjusted accordingly. * Lapse of Legacy-  If the Legatee does not survive, the bequest (Property under will) is distributed as if there is no will. DIFFERENT TYPES OF WILLS- A testator who has right to make a Will for the future benefits of his family members which will take effect a fter his death, the there are certain types of Wills which has to be looked into: 1. Privileged ‘Wills’:  As it can be understood from the word privilege provided to certain persons. A privileged Will is one which is made by any soldier, airman, navy persons, mariner who are willing to dispose of their estate during their course of employment. A soldier includes officers and all other rank officers of service but does not include a civilian engineer employed by the army, having no military status. A soldier while making an instrument of ‘Will’ must have attained the age of 18 years and where a will made by the soldier is in the oral form, will be valid only for a month though a written Will always remain operative. A privileged Will may be revoked by the testator by an unprivileged Will or codicil, or buy any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator. 2. Unprivileged ‘Wills’:  Wills executed according to the provisions of ‘Section 63’ of the ‘Indian Succession Act, 1925’ are called Unprivileged Wills. An unprivileged Will is one which is created by every testator not being a soldier, airman, mariner so employed. An unprivileged Will like Codicil can be revoked by the testator only by another Will or by some writing declaring an intention to revoke the same and to be executed in the manner in which an unprivileged Will can be executed under the Act or by burning, tearing or destroying of the same by the testator or by some other person in his presence and by his directions with the intention of revoking the same. ESSENTIAL CLAUSES OF WILLS- There are certain characteristics which should be included in the instrument of will such as:- †¢ The Name of the Testator:  The name of the testator should be mentioned accurately without any error in initials, spelling or grammatical mistake so that it will not affect the instrument of Will. The name of the testator can also be clarified by looking into his birth certificate or any school certificates. †¢ Right to Appoint Legatee:  The testator is having absolute right to appoint any person as a legatee or beneficiary of a Will and legatee should execute the Will carefully and in accordance with the law. To Take Effect after Death:  A testator who is having power to make the Will during his lifetime, but it will take effect only after his death. A gift made by a person during his lifetime and will take effect during his lifetime, cannot be considered as a Will. †¢ Revocability under the Law:  In general a Will made by the testator can be revoke at any time du ring his lifetime and testator can choose any other person as his legatee. There may be chances where a testator wishes to bring some alterations in the Will then he can make some necessary amendments in the prepared Will which is otherwise called as Codicil. You read "Law of Wills in India" in category "Essay examples" A third party can not file a civil suit against the testator on the ground of cancellation of the Will. A Will made by the testator may be irrevocable in some cases where an agreement is entered into contrary to the Will, may bind the testator. †¢ Intention of the Testator supreme:  The testator of the Will has right to revoke Will at any time which can only be proved by the intention of the testator that whether he is intending to revoke the previous testamentary instruments made by him or he can state in his Will that ‘This is my last Will’ then it can be presumed that all the earlier testamentary instruments has been revoked. The Declaration to be ‘Last Will’:  A person as testator has power to make declaration of Will innumerable times but it is always the last will of testator which will prevail. The words â€Å"I declare this to be my last will† need not be stated in the instrument of the Will. Once the Will is made by the testator Inse rting of words ‘Last and Only will’ at the time of death it can be presumed that all the previous Wills will get revoked and fresh Will has to be effected. Lost Subsequent ‘Will’:  Mere loss of the original Will does not operate a revocation but it has to be inferring by the stringent evidence to prove its revocability and a testator must show the genuine reasons for the loss of the Will. Once it is proved that an original will is lost then ‘Subsequent Will’ will be valid. Restrictions or Limitations for making of a will under The Indian Succession Act 1925 * Transfer to person by particular description, which is not in existence at testator’s death. * Transfer to person not in existence at testator’s death subject to prior bequest. Transfer made to create perpetuity. * Transfer to a class some of whom may come under above rules. * Transfer to take effect on failure of prior Transfer. * Effect of direction for accumulation. Regi stration of ‘Wills’: It is not mandatory for a will to be registered but it is better if a will is registered because it has few advantages. * It can be proved easily. * Its authenticity cannot be questioned. * A certified copy is always available. * When- It can be registered in any registering offices in India at any time during the life time of the Will maker. The copy of the will can be obtained by the testator at any point during his/her life time and after his/her death that copy can be obtained by others by providing the proof of death of the testator. * Expenses- Will has an advantage that the cost incurred in making of it is negotiable. The estimated amount of making a will is 200-300 Rupees. Any alteration in will whether addition or deletion or rectification can be done through a document called Codicil and this will not even require the stamp duty. Note- A bill can be registered even after the death of the testator which may help the beneficiaries of the will to obtain bequeathed properties without hassles. According to the Section: 18 of the ‘Registration Act, 1908’ the registration of a Will is not compulsory. Once a Will is registered, it is strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after. The process of registration begins when a Will instrument is deposited to the registrar or sub-registrar of jurisdictional area by the testator himself or his authorized agent. Once the scrutiny of Will instrument is done by the registrar and registrar is satisfied with all the documents then registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator. In case if registrar refuses to order Will to be registered then testator himself or his authorized agent can institute a civil suit in a court of law and court will pass decree of registration of Will if court is satisfied with the evidence produced by the plaintiff. A suit can only be filed within 30 days after the refusal of registration by the registrar. If the testator willing to withdraw the Will after the process of registration then a sufficient reason has to be given to registrar, if satisfied he will order for the registration of Will. Property, which can be, disposed off by Will Any movable or immovable property can be disposed off by a will by its owner. Under Mitakshara Law, a Hindu coparcener could not dispose off his undivided coparcenary property by will, even if other coparceners consented to it. But section 30 of Hindu Succession Act, 1956 provides that any Hindu may dispose off by will or other testamentary disposition any property, which is capable of being so, disposed of by him in accordance with law. The interest of a male Hindu in a Mitakshara coparcenary property is deemed to be property capable of being disposed off by him. PROBATE OF A WILL- It is the copy of the will which is given to the executor together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved. The application for probate shall be made by petition along with copy of last Will and testament of the deceased to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator. Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased. Muslim laws on wills in India A Will under Mohammedan Law is called as Wasiyat, which means a moral exhortation or a declaration in compliance with moral duty of every Muslim to make arrangements for the distribution of his estate or property. The Mohammedan Law restricts a Muslim person to bequeath his whole property in a will and allows him to bequeath 1/3rd of his estate by writing will, which will take effect after his death. A will may be in the form of oral or written if the will is in writing need not be signed if signed need not be attested. Acc to Shia Law if served bequests are made through a will, priority should be given to determination by the order in which they are mentioned a bequest by way of will. A Will Can be made by a person who is of sound mind, major and possessing a absolute title, in favour of a person who is capable of holding property except unborn persons and heirs. The revocation of will is possible only if the subsequent Will is made by the testator. A Muslim person who is allowed to bequeath 1/3rd of his estate, he can exceed its limit on testamentary power of 1/3rd to 1/4th in case where heirs’ gives consent or only heir is husband or wife. Revocation of a will A Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will. A Will can be revoked by testator of the Will at any point of time which can be classified into two aspects such as:- †¢ Voluntary Revocation:  A testator who wishes to revoke his original Will which is made by him on a specified date and time, he can make revocation of the will himself by writing a subsequent Will or codicil duly executed and by destruction of the previous will, means by burning, tearing, destroying or striking out the signature of the original instrument of a Will. Involuntary Revocation:  According to the Section: 69 of the Indian Succession Act, 1925 which deals with revocation of will by the testator’s marriage, however this provision does not apply to Hindus. Section 57 of the Indian Succession Act clearly states that a testator’s marriage will not make the Will invalid. Revocation of a wil l by Muslims The testator may revoke his will at any time either expressly or impliedly. The express revocation may be either oral or in writing. The will can be revoked impliedly by testator transferring or destroying completely altering the subject matter of the will or by giving the same property to someone else by another will. Codicil Codicil means an instrument made in relation to a will and explaining, altering or adding to its dispositions and shall be deemed to form part of the will. The codicil is generally made to make slight changes in the will, which has already been executed. A codicil cannot alter a will more than what is necessary to carry out the testator’s intention as evidenced by the will and the codicil. Codicil means an instrument made in relation to a will and explaining, altering or adding to its dispositions and shall be deemed to form part of the will. The codicil is generally made to make slight changes in the will, which has already been executed. A codicil cannot alter a will more than what is necessary to carry out the testator’s intention as evidenced by the will and the codicil. Who can be a devisee under a will? Any person capable of holding property can be a devisee under a will and therefore a minor, lunatic, a corporation, a Hindu deity and other juristic person can be a devisee. Sections 112 to 117 of Indian Succession Act, 1925 put some restrictions on the disposition of property by will in certain cases. Dispositions of property by will in some cases have been declared void. How to cite Law of Wills in India, Essay examples

Jim Morrison Biography Speech Essay Example

Jim Morrison Biography Speech Paper He is now part of the many ranks of amazing musicians that died young, most of whom you will recognize, such as, Elvis Presley, John Lennox, Whitney Huston and Michael Jackson, and the more prestigious 27 Club, along with Jell Hendrix and Kurt Cobalt. And most recently. Amy Whininess. I found a great affinity In this band long before I knew who Jim Morrison was, or what he had done, and once I knew this man’s story, it has unlocked the poetical mysteries in his lyrical melodies, and I have an even deeper love for The Doors’ music. This man also introduced me to some feat poets and philosophers I would never have read, such as Nietzsche philosophies, or Armband’s poetry, which fuelled Morrison thirst for knowledge at a young age. At school, Morrison excelled at the verbal arts, filling his schoolbooks with poetry and writings way above his age, and did his book reviews on weird and fantastical and old volumes, such as ones about 16th century demons in England, and other mysterious titles. After school, he drifted around, then moved to Los Angels and enrolled at UCLA but spent most of his time at Venice Beach in California, using drugs, LSI was his favorite, and partying and getting horribly drunk. He was studying film at the university, and all his practical pieces of film were over-conceptualized and post-modern, which went flying over the heads of the professors who subsequently failed him. But he retook the course much to his father’s dislike, and then later passed the course. Making films and being in cinema had never really interested Jim enough into making a career out of it, and his goal was Just to pass the easiest and most interesting course he could. We will write a custom essay sample on Jim Morrison Biography Speech specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Jim Morrison Biography Speech specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Jim Morrison Biography Speech specifically for you FOR ONLY $16.38 $13.9/page Hire Writer So he went back to Venice Beach, his only real home he felt at that time, and slept under boardwalks and on the roof of his unknowing friend’s house, took loads of drugs, wrote poetry, and got really drunk lot. This was the first time he wrote his poems or songs. He would get high on LSI, and then take notes at the fantastical music concerts going on inside his head. He had drifted right into the centre of the hippie lifestyle there. One day, he met Ray Manger, an old university classmate and keyboardist in a struggling rock band. When Jim showed Ray some of his poems, and sung them out loud at his request, Ray Insisted they form a band and sing Jims poems. Ray and Jim then recruited drummer John Denser, a friend from Jims meditation class, and guitarist Robbery Krieger. At first, the four played at Rays house In his garage, whilst searching for gigs, or any chance at all to play. They got into some cheap, downtown pubs and bars, but mostly were kicked out because of loud noise or Jims suggestive gestures on stage that got the girls in the crowd excited. They got a longer set of gigs at a bar allied Whiskey a Go Go’, which they kept despite getting fired’ by the manager at least once a week because of Jims disgusting mouth, or screaming, or his sensual gestures. Calm Ana always Eden Deescalate Walt n Milestone’s Gleeson Walt psychology of Greek mythology character Oedipus, who had killed his father and husbanded his mother. One night at Whiskey a Go Go, he decided to, with words of one syllable, graphically scream out repeatedly the actions of Oedipus in front of the audience. That got them fired for good this time. But now the group was a little teeter known, and they began to play at Sunset Strip nightclubs and moving on to more respectable venues to play at. The group was soon known for its wild and charismatic stage personality, and its hypnotic music, highlighted by Rays church yet eerie keyboard playing, Robbery flamenco-classical guitar, John’s Jazzy drumming and Jims deep, sensual, mysterious voice. Jim had, over time, befriended a girl who used to come watch his performances at Whiskey a Go Go, and occasionally he crashed at her place. She was working for a producing company called Elektra Records, and eventually got a contract for The Doors. They soon began working on and eventually released their first album in January 1967, titled â€Å"The Doors†, which immediately received universal acclaim, with Jim being the chief lyricist. Their songs ranged from ones about taking obscene amounts of drugs like â€Å"Break on Through†, to ones of huge personal and poetic significance like the 11-minutes one â€Å"The End†. The song â€Å"Light My Fire† became a hit for the group and projected them to no. 1 on the charts. By now, Jim had gained a public reputation for erratic and wild behavior, ND was even accused and charged for many different actions, like on December 9, 1967, Jim was arrested onstage during a concert in Connecticut for attempting to incite a riot against the police, and again in 1969, where during a concert in Miami, Jim was arrested afterwards for exposing his phallus to the audience and using profanity. When the last of his appeals for his many charges against him was denied and the possibility of Jail hanging over him, as well as his fast, stressful lifestyle, Jim decided that he was through being a rock and roll star and in 1971 he and his relined moved to Paris, where he intended to continue his literary ambitions. But, tragically life must take its toll, and on July 3, 1971, Jim Morrison was found dead in his bathtub in his apartment in Paris at the age of 27. The local police listed the cause of death as heart failure, although most assume that his heart fai lure drug related, and there was no autopsy. Three years later, in 1974, Jims girlfriend died in Paris from a heroin overdose. Coincidentally she too was 27 years old when she died. This is the tragic story of a hedonistic man who believed that â€Å"Music is an expression f pure JOY’, one who believed we are all masters of our fate and captains of our souls. But on Jim Morrison tombstone lies the words â€Å"True to his destiny’, and though many say he was into pure hedonism, or Just a trouble-causer, or he Just wanted to have fun and get high, I believe he expressed it truly in his own words. â€Å"The most important kind of freedom is to be what you really are, and all I ever did was Just test the bounds of reality, curious to see what would happen. That’s all it ever was: Just curiosity. â€Å"

Private Schools vs Public essays

Private Schools vs Public essays In the middle of a crowded commercial area and a low-income housing subdivision sits Rincon High School. The students at Rincon test at slightly below average on the Iowa Basic Skills Test, a generalized knowledge exam given nationwide to all students every year. St. Gregory College Preparatory School is located in a suburban area near expensive homes and pricey coffee shops. Student achievement at St. Gregorys is exceptional, in contrast to the mediocre performance of students elsewhere in the city. Public schools simply cannot compete with the amenities and environment available to students at private schools. There is a significant contrast between the opportunities offered at St. Gregorys and Rincon, not only in the type of classes but in the physical environment itself. There is a world of difference between the two schools. If you spent time on each campus, you would reach the conclusion that they have to be in different cities. Surprisingly, they are located within five miles of each other. Latin classes are mandatory for all entering freshmen at St. Gregorys, while Rincon students take entry-level Spanish as an elective. Trigonometry is a standard math class at St. Gregorys, but Rincon only offers that level of math as an advanced placement course. The physical environment at Rincon includes uniformed security officers trying to maintain order in overcrowded, rundown buildings. Students must pass through metal detectors to enter the campus. Teachers spend more time on discipline than instruction. The student attitude at St. Gregorys was more mature and responsible. No metal detectors have been installed, and there is no need for security guards. There are no gangs and no graffiti on campus. The only security issues involved nonstudents vandalizing the campus buildings. St. Gregorys holds one-fifth the number of students as Rincon, but the size of the buildings...

The Slope of a Horizontal Line is Zero

The Slope of a Horizontal Line is Zero In The Slope of a Line, you learned that the slope, or m, of a line describes how rapidly or slowly change is occurring. Linear Functions have 4 types of slopes: positive, negative slope, zero slope, and undefined slope. Real World Example of Negative Slope Refer to the graph, Horizontal Line, m 0.   The x-axis represents time, in hours, and the y-axis represents distance, in miles, from Downtown Houston, Texas. Hurricane Prince, a Category 5 storm, threatens to flood (among other things) the Bayou City in 24 hours. You have the bright idea- along with 2 million other Houstonians- to leave Houston now. You’re on Interstate 45 North, the road that snakes northward to flee anything blowing in from the Gulf of Mexico. Notice how time is moving. One hour passes, two hours pass, but you’re still one mile away from downtown. Remember, slope is a rate of change. For every two hours that pass, you move zero miles. Because of this, your slope is 0. Calculating Zero Slope Refer to the PDF, Calculate_Zero_Slope to learn how to  use a graph and  the slope formula to  calculate a zero slope.  To download free software to view the PDF, visit https://get.adobe.com/reader/.

Reading journal Essay Example | Topics and Well Written Essays - 250 words

Reading journal - Essay Example not necessarily translate into the death of their own culture as proven by the Japanese lifestyle that successfully combines the traditional Japanese culture with their own brand of American influence in their modern culture and traditions. Therefore, it is his honest opinion that America and globalization cannot be blamed for the evolving cultures and traditions in a world that shares influences amongst one another via various fields of technology, economic progress, or law creation. This reading raises a concern for me though. America has been at the forefront of globalization since the late 20th century, heavily promoting open markets and other â€Å"capitalist† beneficial actions on the world stage. Globalization is not something that happened because the world wanted it to happen. There was a country that was instrumental in influencing the other nations to give it a try. Up until recently, before the economic slump of the United States, that role was something was something the capitalists of the nation adhered to as a business model, thinking that it would be beneficial to their business growth. But the minute the model failed, they refused to accept the blame for what happened. That is not the United States that has been recognized as a world leader for centuries. Nye wants us to believe that the United States is blameless in all that has happened and that the same thing would have happened regardless of who the world leader was. On the contrary, t here are more conservative cultures in other countries that would not have allowed the same thing to happen because they would not have thought of globalization as a world business model in the first

Reflection on the Research Paper Essay Example | Topics and Well Written Essays - 500 words

Reflection on the Research Paper - Essay Example This is because, as I was reading through the articles, I made a list of all the cited causes. To be honest, my main concern was the identification of all causes and writing as comprehensive a research as possible. As this strategy turned out to be incorrect, I had to reread the articles with a different purpose in mind - the identification of the root causes. As none of the articles accessed or handed out as part of our class readings outlined the root causes for the failure of retail chain internationalization projects, I had to reflect upon the various causes, establish correlations between them, and relate them back to theory. Not only did doing so give me a deeper understanding of the problems confronting the internationalization of retail chains but, it gave me a better grasp of theory. Accordingly, the very nature of the assignment, and the supposed imbalance between word limit and the vast array of causes for failure, were learning experiences in themselves. As my initial approach had been incorrect, forcing me to reread each article more than once, I gained a greater familiarity with the different writers in the field, to the extent that I was able to compare the worth of each. While not claiming that any of the writers or theorists whose material we studied lacked substance or value, I personally found the most informative, hence more valuable, to be Brown and Palmer.

Cognitive Behavioral Theory

Cognitive Behavioral Theory The Cognitive-Behavioral theory is a form of short-term therapy used by counselors in the psychology and social work fields. Cognitive-Behavioral Therapy (CBT) encourages a blending of behavioral and cognitive therapy models. The theory is based in the belief that the clients behaviors and feelings are heavily influenced by their thoughts. A CBT therapist plays an active role in helping the client prioritize their problems, recognize the maladaptive thoughts that are behind their problems and feelings, and devise and implement goal-oriented changes in their thinking. Background Cognitive-Behavioral Therapy (CBT) places significant importance on how negative thinking impacts our emotions and behaviors. Dr. Aaron Beck observed that many of his clients had automatic thoughts emotion-filled thoughts that might pop up in the mind (Martin, 2007). Many of these thoughts are not consciously known to the client; however through practice the client can learn to identify the negative and irrational thought. Upon identification the client can then learn to overcome the thoughts. CBT is based on a model or theory that its not events themselves that upset us, but the meanings we give them (Martin, 2007). These automatic thoughts can cause us to become blind to new ideas and have the ability to overcome obstacles. A persons automatic thoughts are rooted in belief systems that were embedded in their subconscious from childhood. When an event happens a person uses these belief systems to help them cope with their difficulties. If there is negative thinking in the persons b elief system, they are more likely to misconstrue the event or issue as too difficult to handle. Cognitive Therapy Cognitive therapy focuses on peoples thoughts and how they affect their emotional, behavioral, and physiological reactions to stressful situations. People often have difficulty thinking rationally when feeling pressured by disturbing life experiences. Through cognitive therapy, clients are able to identify and challenge their thoughts about themselves, the people around them, and the world around them. Behavioral Therapy Behavioral therapy in its most basic state is the encouragement of clients to engage in adaptive behaviors and not to allow pathological internal experiences to dictate the ways in which they act (Association for Behavioral and Cognitive Therapies, 2012). Solutions under the behavioral theory closely follow Pavlovs classical and operant conditioning philosophies. A clients negative responses to normal stimuli are typically learned behaviors, because something negative happened the last time the stimulus was present. Through a process called extinction, therapists often try to change a clients negative responses by showing the client that the negative result does not always occur with the stimulus. Using operant conditioning a client will be more likely to engage in activities and behaviors in a positive manner, if they have previously received positive outcomes. If the consequences of their behavior have been negative, they are less like to repeat that behavior. Rational-Emotive Behavior Therapy (REBT) One form of behavioral therapy, founded in the 1950s by Albert Ellis, was Rational-Emotive Behavioral Therapy (REBT). REBT focuses on the clients current, irrational thoughtsà ¢Ã¢â€š ¬Ã‚ ¦ and actively targets them for change (Fraum, 2012). Through REBT the client confronts their irrational beliefs and expectations. After confrontation, the client and therapist are able to develop realistic thinking. Only after these two things are accomplished is the client able to change. Epictetus wrote in The Enchiridion, Men are disturbed not by things, but by the view which they take of them (National Association of Cognitive-Behavioral Therapists, 2008). Dialectical Behavior Therapy Another behavioral therapy that is a form of cognitive-behavioral therapy is Dialectical Behavior Therapy. Based heavily in philosophy, the main tenet of this therapy looks at two opposing views and works through the therapeutic relationship to blend them together to find a happy medium. The counselor does not make the client feel that their thoughts are invalid or incorrect, but guides them to understanding that their behavior needs to change. This therapy is most often used for clients who have been diagnosed with Borderline Personality Disorder. (National Institute of Mental Health, 2012) Commonalities of Cognitive Therapy and Behavioral Therapy Although there are a few differences between cognitive and behavioral approaches, there are some similarities that allow these two methods to be blended into the cognitive-behavioral approach. In CBT, the client and the therapist work together as a team to help the client overcome their troubles. Often CBT is a short-term counseling method that, typically, only lasts a few months, but it is also a rigorous therapy, in that the clients must utilize their new skills in between sessions through homework. CBT therapists seldom dig deeply into why a client is having the irrational thoughts, but rather stay focused in the present and future. (Association for Behavioral and Cognitive Therapies, 2012) Notable People There are many notable people who have influenced Cognitive-Behavioral Therapy. Dr. Aaron Beck is considered the father of cognitive therapy. Another notable person in the field of cognitive therapy is Dr. Martin Seligman, who is known mostly for his development of learned helplessness. Some key players in the development of behavioral therapy include Ivan Pavlov, John Watson, and B. F. Skinner. In 1955, Albert Ellis developed Rational Emotive Behavior Therapy. He is considered the founder of cognitive-behavioral theory. Dr. Samuel Yochelson and Stanton Samenow are known for their collaborative research and findings in the treatment programs of juvenile and adult criminal offenders. Aaron T. Beck, M.D. Dr. Aaron Beck started his career with as the Assistant Chief of Neuropsychiatry in Philadelphia, Pennsylvania (Department Of Psychiatry, Penn Behavioral Health, n.d.). In 1954, he joined the University of Pennsylvanias Psychiatry Department. While there, he explored psychoanalysis which led to his development of cognitive therapy. (Beck Institute for Cognitive Behavioral Therapy, n.d.) Through his research he realized that his clients had negative thoughts that popped into their heads automatic thoughts. These automatic thoughts centered on themselves, the world and the future. These distorted thoughts then begin to affect the clients lives leading to the disorders they are diagnosed with. Ultimately they stem from a persons core belief systems and are formed throughout the persons life. (Beck, 1997) Albert Ellis, Ph.D. REBT was developed by Dr. Ellis in the 1950s. After spending several years practicing psychoanalysis, he found the he disliked the in-efficient and in-directive nature (National Association of Cognitive-Behavioral Therapists, 2008). Dr. Ellis established the ABC model of emotions, which was later modified into A-B-C-D-E approach. Sessions Cognitive-behavioral therapy sessions have a structure. Structure is important, because it allows for the most effective use of time. CBT sessions are usually only about 50 minutes long, happen once a week or once every two weeks, and only continue for a few months to a year. In the beginning of therapy the client and counselor discuss what issues and trouble the client is having. Next, they work on prioritizing the issues. These activities fall under stage I of the Egan Model. Under stage II, the client discusses their ideal self or what they want. This allows the client, with the guidance of the helper, to set realistic goals for themselves. In the final stage, the client and counselor explore the options available and there are always options and find the option or options that best work for the client. The last step is to produce an action plan. Throughout the process the client often has homework. This homework is usually meant to help the client identify the triggers for their anxiety or problems and the feelings that surround those events. As the process moves forward the assignments will coincide with whatever step the client is currently working on. Techniques Due to the blending of theories and therapies, there are more than three dozen techniques available to cognitive-behavioral therapists. The selection includes cognitive, emotive, and behavioral techniques that make a well-rounded selection that can be tailored to the individual clients needs and wants. The ABC (also known as the ABCDE) Technique is most closely identified by its creator, Dr. Ellis, and under REBT. Other major techniques include cognitive reconstruction, exposure, reframing, and journal writing. Another widely used, yet somewhat controversial technique is self-disclosure. ABC/ABCDE Technique or Rational Self-Analysis Dr. Ellis created this technique to help people identify and understand why they are behaving the way they are to certain Activating Events. The Activating Event ((A)) is often seen as the reason for the clients initial emotions and behaviors (Consequences or (C)). In reality there is another step in between the clients Beliefs ((B)). While the (A) triggers the (C), the (B) is what actually causes the (C). Dr. Ellis went continued to develop this technique and it was later modified to include three additional steps Disputing ((D)), New Effect ((E)), and Further Action ((F)). Once the client has been able to identify the (A), (B), and (C), they are then able to move forward and challenge their Beliefs through Disputing. They, also, evaluate how they would prefer to feel or behave the New Effect. Finally, the client develops their Further Action plan to avoid a relapse. Cognitive Restructuring While Rational Self-Analysis is part of the process of Cognitive Restructuring, it is not the whole process. Cognitive Restructuring is a set of techniques that helps the client identify, challenge, and change their distorted thoughts. Common thought distortions often include words like: always, must, and never. They also stem from Dr. Elliss list of irrational beliefs (appendix A) and a list of cognitive distortions influenced by Dr. Beck (appendix B). There is a Cognitive Restructuring Worksheet (Appendix C) that counselors and clients may find useful in when utilizing this technique. Exposure Exposure Therapy is an emotionally intense, yet effective way for clients to confront their fears, especially those with anxiety disorders. Through a series of extremely carefully planned sessions, the client is introduced or exposed to the trigger (stimuli) that is causing the anxiety (classically conditioned response). Over time the client is able to see and comprehend that nothing bad will happen and the anxiety lessens. The therapist often uses Exposure Therapy in conjunction with relaxation skills and cognitive reconstruction techniques. In addition to anxiety disorders, an adaptation of Exposure Therapy is sometimes used for people with sexual disorders. Self-disclosure Self-disclosure is when the therapist briefly tells the client something personal about themselves that may be of value to the client and the therapeutic relationship. This technique can be difficult to manage effectively and is somewhat controversial. If the therapist is going to utilize this technique, they must use it carefully and sparingly. Where this technique can become problematic is when the focus shifts from the client to counselor. Too much divulging of information can lead to the client being uncomfortable or feeling like the relationship has changed. When used appropriately; however it can show the therapists empathy to the situation the client is facing. Case Study Synopsis Client is a 52-year-old female widower with two daughters. Her husband died seven years ago. Her relatives live 50 miles away. Client was accused of a work-related incident, after which she became anxious. Client is currently on medication with effects consistent with an antidepressant. Presenting problems included poor memory, lack of concentration, confusion and slowness. The client met the DSM-IV criteria for a major depressive episode. The client was given several clinical scales to rate herself on. These scales were completed prior to every session and discussed briefly during the session.as a means of verifying efficacy. The therapist used the five systems model to help the client analyze her thoughts and recognized negative automatic thoughts and behaviors. She was given daily activity monitoring sheets, although she was successful at many activities very few gave her any pleasure. Due, in part, to years of sexual abuse by her father, the client felt that something was wrong w ith her. She felt like she didnt fit into her family. By using a more detailed variation of the ABC Technique, the client and therapist were able to identify stressful situations; discuss the emotions, behavior and physical reactions to the situations; and recognized the underlying negative beliefs. The therapist utilized behavioral experiments to help the client challenge her core beliefs and recognize the differences in how she felt. Final Thoughts I chose this theory because I felt that it is the one I was most likely going to use, when I become a licensed psychologist. The multiple views and varied techniques available for the client make it seem like the one theory that can be tailor fit for each individual. What I found out through my research; however, is that the cognitive-behavioral approach does not dig deeply into the why someone has the beliefs they do. The why is what drew me to the field of psychology and human services in the first place, so I need to investigate other theories, career opportunities, and techniques to find my right fit. Ideally, I would like to investigate the criminal mind more closely and help the prison population overcome their psychopathological issues. I still feel that many of the cognitive-behavioral techniques can be useful in discovering the why, so I will likely use them in my ultimate career field.