...SOURCES OF LAW 1.1 Classification of Law Law is a set of rules that control the human behaviours that is developed over a long period of time that regulates interaction that people have within one another. It is also a set of rules that humans have to follow and it set standards and conduct between *individual and individual* and *individual and the government* which is enforced by law through sanctioned. Public law Public law is a law which governs the relationship between individual and the state. Public law can be further divided into constitutional law and criminal law. - Constitutional law Body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. - Criminal Law It is a body of rules and statute that defines the conduct prohibited by the government. In Malaysia, the penal code is a main source of criminal law. It covers most criminal offenses and provides relevant penalties where relevant acts are breached .It actually codifies various acts committed by individual against the state such as murder, cheating, forgery , rape, and other criminal offenses. Common law A law that derive from case law (precedent) and statute. It is accusatorial with an emphasize remedies. It form a basic right of English law and it can be found in the U.S , other commonwealth nation including Australia, Canada, Singapore, New Zealand, parts of Africa , India and Pakistan. Malaysia derives their legal...
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...United States has a legal system that has three branches to have a division between federal and state law. The three branches of government are legislative, executive, and judiciary which all play a role in the legal system and the creation of laws. The branches of government were put into place to create a system of checks and balances. The branches work together because no single branch of government can act freely based on its own will. The laws and practices of the United States were created based on the foundations of English common law. Also there are many factors that lawmakers must consider and acknowledge before writing laws to be reviewed and executed. The legislative branch was established by Article I of the constitution and consists of the House of Representatives and the Senate. The constitution gives this branch the authority to pass legislation and send it to the President to be signed, the bill must pass in the Senate and the House with majority vote. Although, the President can veto the bill it can be overridden by passing the bill again through the House and the Senate with at least a two thirds majority vote in favor. The executive branch includes the President of the United States who acts as the head of state and the commander-in-chief of the armed forces. The executive branch is the branch of government that governs the law enforcement agencies. The President is responsible for implementing and enforcing the laws created by Congress and appoints the heads...
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...Constitution established aCongress and gives the power to LEGISLATE or make the law in certain areas, provides a chiefEXECUTIVE (POTUS) whose function is to execute or enforce the laws, and helps create a federalJUDICIARY to interpret the laws. (chapter 1 page 2) Branches of Government were created by our forefathers so that one man/woman wouldn’thave all the powers to make all and any decision he/she wanted to make. By creating the threebranches of government, the Legislative, Executive, and Judiciary, the founding fathers of thisnation would ensure we as Americans wouldn’t be ruled by a king, but rather a well-balancedgovernment. As it says in our text, the Legislative branch of the Government (Congress) is the law makingbranch for the nation. Congress outlines and establishes the laws to be upheld by every citizenof the United States. The Executive branch (POTUS) is designed to enforce laws upon theAmerican people and be a figure head for the people at the highest level of government. TheJudiciary branch (Courts) was established to correct those that failed to follow the laws at thefederal and local levels while providing their interpretation of the laws created by congresstherefore closing the loop in our federal government. http://www.whitehouse.gov/our-government/ 2) Case Law: Or Common law is law made and applied by judges as they decide cases notgoverned by statutes or other types of law. (chapter 1 page 3) Case Law to me boils down to lessons learned in previous cases tried...
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...forefathers of this nation designed a government with three distinctive elements that established responsibilities and upheld the Constitution. These men were dedicated to ensuring that each branch of government has a role in upholding the rights of the people. The three branches of government created are The Judicial Branch, The Executive Branch, and The Legislative Branch. In examining the creation of the branches of government it has become apparent and the following table will establish that these branches create a balance of power. The following table defines the interaction between the branches of government: Branches of Government | Legislative BranchSenate and House of Representatives | Judicial BranchSupreme Court | Executive BranchPresident and Cabinet | Duties and Responsibilities | Legislative branch creates laws and AmendmentsLegislative branch has the power over all the money spent; can create or change taxes, spend funds on defense of the nation and establishes the national budgetLegislative branch has the power to declare warLegislative branch has the responsibility of supervising, investigating and creates laws for the officers of governmentLegislative branch ratifies treatiesLegislative branch has the power to confirm those of the President's appointees.Legislative branch...
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...Judicial Branch The Judicial branch of government of the United States was set up by article III of the Constitution. The Judicial branch is given great power over the common law, but still very limited due to a complex system or checks and balances. The Federalist Papers 78-83 describes in great detail the newly proposed system of judicial government. The author of these papers was Alexander Hamilton. John Jay, and James Madison contributed to the other parts of the Federalist. The most interesting aspect of the judicial branch is the way it fits into the system that also is comprised of the Executive branch, and the legislative branch. Alexander Hamilton writes, “The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them”. The executive branch can be viewed as the, “sword of the community”, and the legislative has the power to create the laws the all citizens of the United States must follow (Hamilton 78). The brilliant thing is even though it seems the judicial branch of government does not carry as much power, it never states that in Hamilton’s letters due to the fact that the judicial branch is considered an “indispensable ingredient” (Hamilton 78). The power of the judicial branch may be considered not as direct as the other branches, but is still powerful nonetheless. The legislative branch and executive branch together...
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...Assignment 1: Social Media Medina 1 Prof: LEG 100: Business Law 1 July 25, 2013 Medina 2 A few years ago I jumped on the social media bandwagon after being introduced to it by my father. I was always a little skeptical about social media because of all negative that I had heard about it. Now, I love it because there is a lot of positive about social media as far as I am concerned. Social media is an asset to marketing, and it is fun for personal use as well. I am fan of Facebook so I will discuss how it can direct consumers to a better source of purchasing. A Legally Astute Marketing Manager According to our text a legally astute manger has four components; a set of value-laden attitudes about the importance of law to the firm’s success; a proactive approach to regulation and legal issues; the ability to exercise informed judgment when managing the legal aspects of business; the appropriate use of legal tools and context specific knowledge of the law (Bagley, 2013, p. 11). The legally astute social media marketing manager has to take those components a step further. The legally astute social media marketing manager must embrace social media and its networking power to drive sustainable change in the...
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...perspective the judiciary as he stated, was the least favored branch in the constitution. Also, the judicial review of legislation also implies that the Judicial Branch can’t do much in terms of taking away rights from individuals. Though unfortunately, it has often been complicit in letting the Legislative Branch take away those rights. In reality it is the Legislative Branch that is obtaining those certain rights. As Hamilton explains in The Federalist, the judiciary does not hold such higher powers as the other branches do. Alexander Hamilton simply positioned for the other branches to remain and be different from the judiciary. The solution he proposed to be different and that would provide a separation of the branches would be that the incumbent of the appointment and confirmation of Justices to the Supreme Court of the United States would be granted a “lifetime position” where they could not be removed as long as they maintained “good behavior”. Hamilton also recognized that the...
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...The Three Branches of Government Sam Knight San Joaquin Valley College The judiciary branch is independent, a judiciary should be fair and unbiased. A judiciary makes decisions after careful analization sticking to the rule of law, using the evidence in a case, without considering politics, the thoughts of the public. Article III of the Constitution, establishes the Judicial Branch gives congress the responsibility to shape the federal judiciary. Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, forming the United States Congress. The congress controls legislation and declares war, the power to reject some Presidential decisions. Members of the House are elected every two years and must be 25 years of age, a U.S. citizen for at least seven years, and a resident of the state being represented. The Executive Branch gives jobs to 4 million Americans. The President is the head of state and government of the U.S, and Commander-in-Chief of the military. Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as...
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...(President or Prime Minister and the cabinet), Legislature (Parliament or Senate) and the Judiciary (Chief justice and other Judges). From this definition, Separation of Powers entails that each organ of the state, namely twill perform its functions without undue interference from the other organs. Each organ therefore, should be left to do what is assigned to it under the constitution. If any organ is not performing well it ought to be reminded and its performance monitored by way of accountability. This is not interference but a system of checks and balances in the interest of good government. But separation of powers does not mean insulation of powers because the three organs of the State, particularly the Executive and the Legislature, are at one level or another bound to interact and indeed complement each other in the running of the affairs of the State (World bank, 1992). In essence, the doctrine of separation of powers is that for a free and democratic society to exist there must be a clear separation between the three branches of government, namely:- The Executive This is the branch that executes the business of government. It comprises the President, Vice-Presidents and Ministers, the Public Service, the Defence Forces, the Police Force and other law-enforcement organizations. All the administrative, law-enforcement and coercive organs of the State fall within the Executive Branch, making it potentially the most powerful of the three branches of government unless its...
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...Overview of the United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. “By the time the U.S. Constitution had first mandated The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system...
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...Charles-Louis de Secondat, baron de le Brede et de Montesquieu, was a 18th century political philosopher who first used the term trias politica or separation of powers (Erickson). For the division of government duties, it is separated into three separate but equal branches. The characterizations of each are; the legislative branch in which it is in charge of enacting laws of the state and distributing money to operate the government efficiently, the executive branch that executes and oversees public policy that the legislative branch has authorized or financed, and the judicial branch that is in charge of interpreting the Constitution and laws with then taking the understandings to disagreements brought before it (Erickson). The separation of powers is a pillar of the United States government with all state and federal governments center around the standard of it. Although federal separation of power is not the same as state, as one instance state courts have acknowledged fundamental...
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...The Role of Government in Policy-Making Holly Regan HSM/240 January 26, 2014 Terra Harris The Role of Government in Policy-Making There are three branches of government established by the U.S. Constitution which are: the legislative branch, executive branch, and the judicial branch. The purpose for these three branches of government is to establish the individual and combined powers of each branch, while reserving the rights of each individual state in the union, (Buzzle, 2014. The outline for The Constitution clearly and concisely defined the importance of jury trials, accountability of the government and the protection of every citizen’s rights and civil liberties of the United States of America. It is the business of the legislative branch, the Congress and Senate, to propose and enact laws. It is the business of the executive branch to see that the laws are put into effect through various governmental departments and it is the business of the judiciary (the court system) to preside and rule over who is right or wrong according to the criminal, civil law and often administrative law. Before a social policy or program can come before the judiciary branch of government, someone must believe that a law has been broken. One of the most important parts of policy making are legislative tasks and these tasks are necessary for paving the way for getting a bill passed into law. First task: for an interest group is to clearly define its issue, have complete unanimity...
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...The Role of Government in Policy-Making Holly Regan HSM/240 January 26, 2014 Terra Harris The Role of Government in Policy-Making There are three branches of government established by the U.S. Constitution which are: the legislative branch, executive branch, and the judicial branch. The purpose for these three branches of government is to establish the individual and combined powers of each branch, while reserving the rights of each individual state in the union, (Buzzle, 2014. The outline for The Constitution clearly and concisely defined the importance of jury trials, accountability of the government and the protection of every citizen’s rights and civil liberties of the United States of America. It is the business of the legislative branch, the Congress and Senate, to propose and enact laws. It is the business of the executive branch to see that the laws are put into effect through various governmental departments and it is the business of the judiciary (the court system) to preside and rule over who is right or wrong according to the criminal, civil law and often administrative law. Before a social policy or program can come before the judiciary branch of government, someone must believe that a law has been broken. One of the most important parts of policy making are legislative tasks and these tasks are necessary for paving the way for getting a bill passed into law. First task: for an interest group is to clearly define its issue, have complete unanimity...
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...United States, itself separated into a House of Representatives and a Senate. Article II, Section 1 vests authority in a President of the United States. Article III, Section 1 vests judicial authority in a single Supreme Court of the United States and “in such inferior Courts as the Congress may from time to time ordain and establish.” Each being separated by an intricate system of checks and balances designed to go along each branch fortifications against encroachments of the others. In our system of separated powers, each branch of government is not only caved in a finite measure of power and dominance, but arrives at it through totally different modes of election. The Constitution that grants each branch its power, honorable ambition that ultimately serves the highest pursuits of the people could turn to maintain the separation....
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...States of America was a new nation and had a government which many felt wasn't as nice as it could be. They were gathering information to create a different way of running the nation. There was a conference, called the Constitutional Convention, in which historical figures, such as Ben Franklin, George Washington, and James Madison attended. The purpose of the Constitutional Convention was for the state representatives to come together to decide the structure of the government. After the final compromises were made and clauses were polished, they voted. (Mount, 2011) The Constitution was finalized in 1787. The Constitution establishes three major divisions of federal government. These are known as the legislative, executive, and judiciary. Each branch has its own part in how laws are created and used. Creating new laws is difficult and the legislatures sometimes have a problem defining them. Sometimes new laws come about because of a recent issue, in which there was no law about it before. A perfect example of this is the new Caylee law, this law came about after Caylee Anthony was not reported missing until about a month after she disappeared, this law states that any missing child must be reported missing within 48 hours of their disappearance. There will help in locating missing children faster. Laws such as this must have already been legislation, but never came into effect...
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