Functions of Modal Verbs in European and British Legal Documents

Functions of Modal Verbs in European and British Legal Documents Functions of Modal Verbs in European and British Legal Documents Abstract: Researches in languages for special purposes have qualified legal texts as a distinctive type of texts. The purpose of this study is to describe linguistic features of modal verbs which were found in different types of legal writing and to examine the reasons for their use. In this paper I will try to compare the use of modal verbs in European Directives and British Statutes and to investigate the expression of obligation in legal texts such as contracts which are texts which lay down the obligations and the rights of the parties to the contract. Key words: coherence, obligation, modality, legislation, variety, statement, behaviour. Modal Verbs in Contract Law There are different types of legal writing. According to their purpose there are operative legal documents, expository documents and persuasive documents. Legal language is widely spread in all areas of social life and it can be combined with language from different domains. The function of the law is double: regulative and constitutive. The legal genre represents a sublanguage which includes a wide range of texts and situational patterns. The legal genre contains a variety of sub-genres such as statutes, conventions and contracts. There are different ways of expressing obligation in legal English. Legal documents may prohibit certain actions, may confer rights or create obligations, may permit or authorize certain actions. Therefore, there are four types of legal rules: authorizations, obligations, prohibitions and permissions. There are certain rules used in legal language to formulate these rules nut these are not subject to grammar rules but to drafting principles. The present study will focus on the investigation of grammatical ways of expressing obligation through the use of modal verbs. The textual organisation of a contract contains the following elements: title, introduction, recitals, and definitions, body of the documents, provisions, signatures and dates. The contract law developed in the 19th century and derives from the principles which characterized the Industrial Revolution. Nevertheless, the origins of contract law are much more ancient than that and are to be found in the early common law of the Middle Ages. The main preoccupation of society at that time was land ownership and law developed very quickly in relation to the protection of ownership of land or of interests in land. As a result, the law of that time was also mainly concerned with property rights. The distinction that the law drew in terms of identifying the enforceability of rights was between formal agreements and informal ones. A formal agreement was one made in writing and which was authenticated by the practice of ‘sealing. This is the origin of the deed, which was the method accepte d for transfer of land and interests in land up to 1989, when the requirement to complete the document by the process of sealing was relaxed in favour of the already common practice of witnessing the document. Narrative contracts often contain ambiguities (e.g., conflicts and gaps) and these must be avoided or at least the conflicts arising from them resolved. Furthermore, there may be complex interdependencies between contract clauses that can be hard to track down. The content of the contract has to be in conformity with the legal framework and it forces the parties to involve themselves in politeness strategies in order to avoid the face threatening acts. The modal verbs occurring in contracts have double or triple functions and this applies to the modals shall, will, can and must. The modal will may be used to express either an obligation or a prediction, may and can express permission or possibility while must may express obligation (deontic use) or logical necessity. The strategies placing the parties to the contract under some kind of obligation are the most frequently used directives in English contracts. In order to express obligation in a contract the modal shall is used and expresses the illocutionary force of an order: â€Å"The distributor shall pay commission on a quarterly basis†¦Ã¢â‚¬  The regulation of behaviour in a contract can be made by issuing prohibitions and here the modal verb shall is used again: â€Å"The Representative shall not be entitled to enter into any contract or obligation on behalf of the Company without the express written consent of the Company being first obtained†. Statements of permission issued by some authority are usually conveyed with the help of the modal verb may: â€Å"The employer may determine the hiring at any time by giving one months previous notice in writing†¦Ã¢â‚¬  The contract also stipulates the limitations of liability and the assignment of benefits which are expressed with the help of shall. In this case the most frequently used verbs in connection with the auxiliary shall are: entitle, relieve, accept, have power, etc. In the language of contracts shall represents the principal means of expressing obligations. Obligations and intentions are the main aspects dealing with a contract. The modals shall and will have each been used to express modal meanings and to mark future time. But shall is rarely used to indicate future time. Shall is a modal used to impose obligation on the subject of a sentence. In contract law it conveys the meaning â€Å"has a duty to†. Lawyers tend to avoid using the modal must, because they find it too bossy. Another alternative instead of shall could be will but it seems less promising. Even if many legal drafters tend to avoid using the modal must, this may be an alternative to shall as a means of expressing obligation. The use of must instead of shall may express any obligation whether it is imposed on the subject of a sentence. For example:†The Company must reimburse the Sales Manager for all authorized expenses†./†The meeting must take place at the companys headquarters†. But a disciplined use of shall to impose an obligation on the subject of the sentence makes clear who owes the obligation: The Company shall reimburse the Sales Manager for all authorized expenses. An obligation can be expressed in other ways by using passive voice: The Sales Manager shall be reimbursed for all authorized expenses. Or one could use is entitled to: The Sales Manager shall be entitled to be reimbursed for all authorized expenses.† Shall is also used to express future time in contracts and these may result in confusion. There are cases when the simple present tense would be more appropriate as for example: â€Å"This agreement shall be governed by the Los Angeles law.† Due to the fact that shall is unusual in ordinary speech, this modal verb has been criticized by the Plain English Campaign, which recommends the use of must to express obligations. (Tiersma, 214). Comparative Analysis of Modal Verbs in European Directives and British Statutes Modal verbs usually appear in the sequence of verbs in a verb phrase. They are finite verb form with no inflected endings and no past tense. They are followed by the short infinitive. The most frequently used modals in legal English are: shall, may, must, would, will followed by can, ought to, should. According to the European style guide the enacting terms of the EU legislation can be divided into two linguistic categories: imperative terms and declarative terms. The imperative terms may be further divided into positive and negative commands and permissions and the declarative terms are those terms that are implemented by virtue of being declared. The study of modality is concerned with the meaning of the modals. Legal language contains both deontic and epistemic modality. Epistemic modality shows how certain is a speaker about an expressed utterance. Deontic modality involves both language and action and refers to the instances when the speaker orders, promises or places an obligation to someone. Deontic modality can be divided into: a) directives (expressing possibility by the use of may or necessity by the use of must); b) commissives (expressing promises) and imperatives. I carried out a comparative analysis to show the frequency of the modals in both European and British legislative texts. The European directives used in this work were taken from the Official Journal of the European Communities and the Acts of Parliament from the online UK Statute Law Database. Table 2 Act of Parliament Directive ↓ ↓ Shall → 60 301 Should → 20 150 Will → 10 6 Would → 30 12 Must → 90 1 Can → 5 30 Could → 10 5 May → 100 96 According to table 1 the most frequently used modal verb in the European directive is shall, while may is the most frequently used modal in the British Act of Parliament. EU legal drafters tend to use modal verbs in prescriptive statements and should is used instead of must because it is less strong than must. Bhatia states that â€Å"shall not only sustains the myth of precision in legal language but also perpetuates a style and language that differentiates the genre from that of other professions†.(Bhatia, 101-102) The verb shall is one of the most frequently used modal auxiliary in legislative writing, especially in European legal texts, and therefore it fulfils a variety of functions. Crystal and Davy talk about the different uses of this modal verb and state that in legal English: â€Å"Shall is invariably used to express what is to be the obligatory consequence of a legal decision, and not simply as a marker of future tense, which is its main function in other varieties .†(Crystal and Davy, 206-207) In the European legal text shall is used to indicate a positive command, as for example: â€Å"For authorisation as a payment institution, an application shall be submitted to the competent authorities of the home Member State†¦Ã¢â‚¬  Shall may be also used to give directions or to indicate future events as in the following example: â€Å"Each element shall be included in the sum with its positive or negative sign.† Here the verb shall may have the meaning of is to be included, but it can be also interpreted as a future event meaning that after the directive comes into force each element will be included in the sum. Shall is also used in both European and British texts to express an order: â€Å" If the payment service user provides information additional to that specified in Articles 37(1)(a) or 42(2)(b), the payment service provider shall be liable only for the execution of payment transactions in accordance with the unique identifier provided by the payment service user.† (Directive 2007/64/EC, 319-31) In this example taken out from the European directive, the modal verb shall indicates the obligations of the payment service provider which represents the addresser. So, according to this provision the addresser must conform to this obligation of executing the payment transactions. In British legal texts shall is used to express an obligation: â€Å"Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.†(Criminal Justice and Immigration Act, Part 2, p. 8) In this example taken from Criminal Justice and Immigration Act shall expresses the obligations of the court and the steps that have to be taken in determining the case of the offender. Shall can be used to express the application of a directive: â€Å"This Directive shall apply to payment services provided within the Community.† (Directive 2007/64/EC, 319-9) Shall can also be used to state rules: â€Å"This Section shall apply to other payment transactions, unless otherwise agreed between the payment service user and his payment service provider, with the exception of Article 73, which is not at the disposal of the parties.† (Directive 2007/64/EC, 319-30) In this example shall serves as an indicator for the application of this provision. It also indicates the rules according to which this section is valid. Shall may be used to express prohibitions: â€Å"†¦such credit shall not be granted from the funds received or held for the purpose of executing a payment transaction;†¦Ã¢â‚¬  (Directive 2007/64/EC, 319-17) The use of shall may also create ambiguity, especially in British legal writings: â€Å"No order or regulations which, by virtue of section 18A, is or are to have effect for a limited period shall be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament†(Criminal Justice and Immigration Act, Part 4, p. 45). The predicate from this sentence, containing the modal auxiliary shall refers to an inanimate subject no order or regulations. This indicates that a rule is imposed an abstract thing (in this case order or regulation) and the agent of the action is not specified. So, in this example we have passive voice without an agent. This construction shall + BE + past participle is frequently used in both types on legal documents. The construction shall + short infinitive is also widely used especially in European legal texts. Critics also say that legal drafters should avoid using a negative subject with the affirmative form of shall. (No orders or regulations (†¦) shall be made). Shall is a modal verb which expresses a legal obligation, but in most of the cases this verb occurs with non-human subjects. Anna Trosborg argues that â€Å"statements with non-human subjects typically refer to functions of the statutory instruments, they explain when a law is effectuated, how far an act extends, whom it affects, how a term is to be understood, etc., and such they serve as conditions to be considered by the citizens as well as the court.†(Trosborg, 106). In this cases the modal verb shall has a declarative function and here are some examples when the modal verb is used with inanimate subjects: â€Å"An authorisation shall only be granted to a legal person established in a Member State† (Directive 2007/64/EC, 25). â€Å"A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions† (Criminal Justice and Immigration Act, Part 6, p. 71) In these texts I did not find any sentences where human subjects are specified. In most of the instances shall is used in the passive voice with non human subject. Because of the fact that most of the passive constructions with shall are agentless, most occurrences of shall are unmotivated. Verbal groups are characterized by a high number of non-finites. Among the finites the most frequently found group is modal auxiliary+ be +past participle, and in this construction the most used modal auxiliary is shall which expresses deontic modality. Crystal and Davy say that shall expresses â€Å"what is to be the obligatory consequence of a legal decision and not simply as a marker of the future sense, which is its normal function†( Crystal, Davy, 206-207). e.g. : â€Å"Such waste shall be subject to all provisions of Directive 75/442/EEC. It shall in particular be: destined for duly authorised facilities only, authorised according to Articles 10 and 11 of Directive 75/442/EEC, subject to all provisions of Articles 8, 12, 13 and 14 of Directive 75/442/EEC†( Case C 176/05). In this example shall occurs in passive sentences. In legal language shall does not indicate the future, it indicates an obligation. Shall is also to be found in declarations. It is commonly used in legal language and therefore it has the function of indicating that the document in which it occurs is legal. The verbs used with shall are selected from a small number of lexical sets, such as apply, be, preclude, exceed, act, vacate, etc. The frequency of this modal and the avoidance of the modal auxiliary must shows in a way an improvement over the British style, but its use in excess also leads to ambiguities regarding its different meanings. Another modal verb that is predominantly used in legal texts is the modal auxiliary may. As table 1 shows, may is the most frequently used modal verb in British Acts of Parliament. May expresses permission, but it has some other additional meanings. The following three examples have been taken from the Criminal Justice and Immigration Act and show different instances when this modal auxiliary is used: (1) â€Å"†¦or with the requirements of any community order or any youth community order to which he may be subject†¦Ã¢â‚¬  (2) â€Å"The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine†¦Ã¢â‚¬  (3) â€Å"Rules under sub-paragraph (4)(a) may, in particular, make provision in relation to†¦Ã¢â‚¬  (4)â€Å"The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.† In the third example reference is made to the inanimate subject rules, while in the first, second and fourth example references are made to human subjects. In the first sentence we have the pronoun he as a subject and in the second sentence the noun court. The most frequently used subject in combination with the modal may is the noun court. In the first sentence may indicates probability, possibility although this modal is not normally used to convey possibility or probability. This feature is characteristic for the common usage. In the fourth example may has the meaning of to grant a right or a power. But this sentence is a little bit ambiguous because the modal verb may can simply refer to the possibility that the Secretary of State might amend the paragraphs under certain circumstances. The use of the negative form of may can be ambiguous. In spite of the fact that the positive form of this modal has a different meaning from must and shall, the negative form is the same. The negative form is used to express prohibition, something that is forbidden, and that is why this form should normally be avoided. Therefore may+not is used in the sense of limiting the rights or the powers of a provision as in the following example: â€Å"The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined† (Criminal Justice and Immigration Act, Part 3, p. 206) In the example the negative form of may limits the power of this provision under certain circumstances. This means that the power under section 1 cannot be used in relation to any sentence if that appeal has already been determined. The modal verb must is used to describe a requirement or a prohibition and in general English it expresses obligation. As table 1 shows, it is frequently used in British Acts of Parliament. The European drafters have tried to avoid using this modal auxiliary, perhaps because of the fact that shall is the most frequently used modal verb in the European directives. However, critics have argued that the use of shall and must at the same time leads to ambiguity because readers may not understand any more whether different meanings are intended. Must + not expresses a prohibition, as in the following example: â€Å"The Secretary of State must not release a person under subsection (2) unless the Secretary of State is satisfied that it is not necessary†¦Ã¢â‚¬ (Criminal Justice and Immigration Act, Part 2, p. 22). Must also expresses an obligation: â€Å"Where on a reference under subsection (1) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.† (Criminal Justice and Immigration Act, Part 2, p. 22). Here the verb must suggests that the Secretary of State has the obligation to give effect to the recommendation. To sum up the functions of the most frequently used modals, one can say that the modal shall is the most frequent auxiliary used in the European directives. It fulfils many functions from imposing an obligation to creating rights or defining words. May is frequently used in British statutes and expresses permission and authorization. Must is used to express obligation and prohibition in legal language and should not be used as an alternative to shall. The language of the legislative documents is not only informative providing the reader with details and useful information about their rights and obligations, but it also specifies and mentions the authority which issues, orders or prohibits certain acts. This authoritative and permissive dimension is conveyed in legal English by the means of modal verbs. Bibliography Bhatia, Vijay. Analysing Genre: Language Use in Professional Settings. London: Longman, 1993 Crystal, David. The Cambridge Encyclopedia of Language, Cambridge: Cambridge University Press, 1997. Crystal, David and Davy, Derek. Investigating English Style. London: Longman, 1969. Garner, Bryan. A Dictionary of Modern Legal Usage, second edition, Oxford University Press, 1995. Kimble, Joseph. The Many Misuses of Shall in Scribes J. Legal Writing, 1992. Mellinkoff, David. The Language of Law. Boston: Little Brown, 1994. Taylor, Christopher. Language to language: A practical and theoretical guide for Italian and English translators. Cambridge: Cambridge University Press, 1998. Tiersma, Peter. Legal Language, Chicago: University of Chicago Press, 1999. Trosborg, Anna. Rhetorical Strategies in Legal Language. Tà ¼bingen: Gunter Narr Verlag, 1997. Corpus: Case C 176/05, KVZ retec GmbH v Republik Ãâ€"sterreich, March 2007 Criminal Justice and Immigration Act 2008 DIRECTIVE 2007/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC

Capsule 2 Revised Version Essay

Jose Antonio Vargas wrote â€Å"Outlaw: My Life In America As An Undocumented Immigrant†, for the New York Times (June 22, 2011), and in it, he claims that being an illegal immigrant is more complicated than it seems on the surface. Like Vargas, many illegal immigrants are often sent to America at young ages and have to hide their true identities to succeed. Vargas develops this fact when he begins to adapt to his new life and continues to fake documents and lie to those around him to maintain his place in America. Vargas’s purpose for writing is to prove to that immigrants come to America seeking endless opportunity to gain success but often have to do this through deceit. Vargas does this by telling his story in this narrative to grasp the interest of other immigrants. He acknowledges the fraudulent identity he has developed, that clashes with his morals and his character and creates major issues while growing up and trying to adapt to society. Vargas unfolds his story by first discussing how he is forced to migrate to America. This immediately resembles many of those who came to America at a very young age and also had to find their own way to success while maintaining confidentiality. Vargas originally doesn’t understand the struggles he will face in society. His family, the beginning of his support system, creates his fake identity without his knowledge while he was at a young age. He discovered the truth while attempting to get his driver’s permit (Vargas 326), and when he gets turned down he began his pursuit to prove to everyone around him that he is American. Vargas sharing his experience at the DMV and how it taught him how to adjust easier to society without others noticing his illegal status, makes the narrative more relatable and personalized. Once he realizes he is an immigrant and isn’t welcomed in society, he understands the hostility attached to the label he is given by his family and by Americans. Throughout Vargas’s writing, he continues to find ways to relate to other immigrants using his profession â€Å"that is all about truth-telling† (Vargas, 330). He discusses the issue of finding work in journalism which is his passion and finding jobs are often major issues for immigrants. He also talks about the constant sense of deficiency and dislocation he felt living in America and having to live a fabricated lifestyle. Vargas’s purpose was constantly encouraged throughout his story to pursue his dreams which gave him the incentive to keep pushing regardless of his unknown legal status. Vargas shows that if he increases the amount of work he achieves he can gain citizenship even if he lies about who he is to do so. Vargas and his family make multiple sacrifices, that could reveal their secrets, in order to grant him some kind of way into success. When he got the hang of living in America undocumented, it became the norm for him, and he had â€Å"no intention of acknowledging [his] ‘problem’† (Vargas 331). Vargas clings to the new version of himself and constantly overcomes his hardships to prove his citizenship. His determination consumed his morals and he forgot about his integrity to maintain success. On the surface, he seems like the perfect American citizen living â€Å"The American Dream† (Vargas, 326) but he knows deep down that his career validated his succes s and his presence. Vargas used the idea of using hard work to gain citizenship to encourage him to continue hiding his legal status especially since â€Å"claiming full citizenship was actually easier than declaring permanent resident† (Vargas, 328). His fabricated lifestyle allowed him to succeed professionally for the majority of his life, proving that his hard work does fill the displacement he felt as an immigrant. Vargas allows people to just see the surface qualities he displays to validate his presence here (Vargas, 327) and to keep his secret more concealed. The image he creates as an outlaw becomes the only life he knows and coming to terms with the truth was definitely liberating. Vargas attacks the ideas of what an illegal immigrant really is, a person searching for a dream that America displays but doesn’t fulfill. There is obvious tension in America when it comes to how society defines them. The article as a whole makes an attempt at reaching out to other immigrants who are experiencing the same struggles. Vargas does this by telling his story to be authentic. Understanding that the life of a successful immigrant is possible if your dreams for a better future are your constant motivation, is the purpose that Vargas had for writing this piece. Vargas constantly uses his narrative to show that even though many immigrants develop an identity established in deceit, their struggles emotionally, mentally, and socially, help shape them and in the end make them the American citizens they fight to be. Vargas proves that once you value hard work it makes it easier to earn status and build an identity for yourself.

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Marketing Skittles - 1074 Words

Place Assignment: Skittles MKTG 211 March 29, 2013 Marketing channels are very important to both the manufacturer and the consumer. These channels are the way the manufacture releases their product to the consumer for purchasing. Manufactures can choose either a direct channel which is the means of selling customers or accepting orders from them. A sales force calls on customers and prospects to present information on products and persuade them to place orders. Retailer channel is the channel that manufacturers sell their goods directly to large retailers such as Amazon which then sell onto the final consumers. wholesaler channel typically buys and stores large quantities of several producers’ goods and then†¦show more content†¦Costs include inventory an depreciation of the goods. There are several techniques that can help a business control; inventory such as the Economic Order Quantity (EOQ) model. Making it more cost efficient to control physical and financial inventory on products. WAREHOUSING: Is another com ponent of the physical distribution system. Although mars has their own distribution warehouses there are many decision involved with deciding on the redistribution of products. It must be quick keeping them on the move as much as possible. Many distribution warehouses physically store goods for fewer than 24 hours before shipping them on to customers. The introduction of computer automation at warehouse level is allowing information on the product to be recorded, stored and shipped in shorter more efficient times and at a much lower rate of error.TRANSPORTATION: This is the final component of the physical distribution system. Transportation costs are largely based on the rates charged by carriers. There are two basic types of transportation rates: class and commodity. 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Channels one and two are classed as indirect marketing channels, whereas channel three is a direct marketing channel as it goes straight from producer to consumer. All of the distribution channels start with a producer who will create the products, for example the person that milks the cows to get milk. For the first channelRead MoreCase Study Of Haigh s Chocolates Sell This Wide Range Of More Than 200 Products At Its 14 Retails Outlets1503 Words   |  7 Pagesis finished, boxed deliberately by hand and delivered to every store (Fanning, 2014). In order to be a sustainable marketer, they source ingredients, for example, sugar, milk powder, dried foods grown from Australian markets only. Hence, the main marketing strategies followed by Haigh’s chocolate are selling directly to its consumers, consistent innovation to match changing tastes of consumers, product differentiation in terms of its packaging and sustainable production (Birchall, 2013). This is achievedRead MoreEffects of Advertising on Children Today1999 Words   |  8 PagesRunning head: CHILDERN AND TODAY S ADVERTISEMENT Children and Today s Advertisement MG6500: Marketing Administration June 14, 2009 Abstract Today’s marketing is very different from yesterday marketing. This paper will discuss how marketing has change through the years. Who are the marketers of today really targeting and are there method ethical, what marketers’ responsibility to society are and what parents are doing to feed this frenzy. Children and Today s Advertisement Introduction: Read MoreHow Marketers Target Kids2415 Words   |  10 Pagesthat kids are vocal about what they want their parents to buy. Pester power refers to children s ability to nag their parents into purchasing items they may not otherwise buy. Marketing to children is all about creating pester power, because advertisers know what a powerful force it can be. According to the 2001 marketing industry book Kidfluence, pestering or nagging can be divided into two categories—persistence and importance. Persistence nagging (a plea, that is repeated over and over again)Read Morechapter 104699 Words   |  19 Pagesstream music directly from your PC or MP3 player. This small Satek wireless speaker, which is radically different from anything currently on the market, would be classified as a(n): discontinuous innovation 6. When Glade brand air freshener began marketing a clean linen-scented air spray, the action could be classified as a(n): addition to an existing product line 7. In its early years of operation, MGP Ingredients, Inc., sold ethanol and animal feed. A steep drop in its sales led the company to focusRead MoreConfectionery Marketing Strategy4681 Words   |  19 PagesInternational Marketing and research | Marketing Plan | Altoids | 5/26/2009 | | Executive summery This marketing plan is based on Altoids, which in an American product introduced into Australian market. Altoids are produced by Wrigley a US based company. In order to increase the market share Altoids will be introduced into Australian market through retailers by distribution and promotion. The PEST and SWAT analysis states that thereRead MoreNeverwet Essay4784 Words   |  20 PagesContents 1 INTRODUCTION Social media has taken the marketing world by storm. Today, not only do companies have a dedicated Website,but organizations, representative of all industries and sizes, also have a blog, Twitter account, Facebook page and a Youtube channel (Wetpaint Alimeter, 2009). In fact, social media is the number one activity on the web. Because of this, companies view social media as a critical component to its overall marketing strategy, especially since these tactics are cost-effectiveRead MoreA Research On Social Media980 Words   |  4 Pagesexclusive, meaning a user could fit into multiple categories for different interactions (Tuten Solomon, 2013, p. 74). Skittles is a poplar candy brand known for their wacky advertising. It is no wonder that their social media marketing would be just as wacky and popular. Skittles must be very aware to the different categories of the ladder to be so successful in their social media marketing efforts. Creators are the content creators. Their content is shared with other users and adds to the social media