...English Law (Common law) Common Law is a major part of many States, especially Commonwealth countries. The common law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies. The decisions came from English Common Law courts and are essential case law made by English judges. It is based on tradition, past practices and legal precedents set by courts through interpretation of statues, legal legislation, and past rules. The existence on English Common Law assists judge to decide cases when Statute is not adequate to cover the situation. Section 5 of the Criminal Procedure Code states that English law shall be applied in cases where no specific legislation has been enacted. However, only the relevant part which is suited to the local needs and circumstances applies. Consequently not all English laws are applicable in Malaysia. This can be look at the formation of Malaysian law is not totally by English law indicating that not all English laws are applicable in Malaysia. The application of English Common law could be illustrated by the situation when there is no law governing by a particular circumstances, Malaysia case law can be applied. If there is no Malaysian case law, English case law can be applied. In the case “Commonwealth of Australia v. Midford (Malaysia) Sdn. Bhd”, it was held that the doctrine of sovereign or crown immunity which was developed in English Common Law after...
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...Introduction English law is enshrined in the legal system of England and Wales, and is a set of rules, created by the state along with jurisdiction binding and implemented by its authority. The rules define what we can do and what we cannot do. They are created by Parliament and are known as ‘statute law’ or act of Parliament. The content of statue law is greatly influenced by the European Union including the Human Rights Act 1998. In the case of ‘common law’, the decisions of senior appellate court are included as law. European Union (EU) law takes priority and the European Convention on Human Rights (ECHR) protects those identified rights for the relevant stakeholders. Betten, L. (1999) A key distinction is made in terms of civil law and criminal law. Civil law deals in areas such as family matters, employment and contracts; whereas, criminal law is applicable when it is believed that a crime requires an investigation. Speaight, A. (2012) EU laws have considerable influence in a number of areas related to business and human rights and many treaties and directives are applicable in the UK for employment, security and freedom of movements. European law is highly applicable especially in terms of rights at work and business related law. Betten, L. (1999) English Law and its Sources English law is made up of common law - legislation passed by Parliament influenced by Europe. There are four main sources of English law 1. Statute law 2. Common law 3. European...
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...INTERNATIONAL UNIVERSITY COLLEGE Sofia Judicial Precedent Coursework In Elements of English Law Student registration No: 101019 Introduction This is a precedent from an earlier case, which must be followed even if the judge in the later case does not agree with the legal reasoning. A binding precedent is only created when the facts of the second case are sufficiently similar to the original case and the decisions was made by a court which is senior too, or in some cases the same level as, the court hearing the later case. Precedent that must be applied or followed is known as blinding precedent (alternately metaphorically precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). There are 3 principles: • Ratio decidendi • System of law reporting • Court hierarchy Ratio decidendi: The Role of Ratio Decidendi in Judicial Precedent Ratio decidendi plays a very important...
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...The Second Amendment The second amendment is one of the best known amendments to the Constitution. It provides “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” History of the Second Amendment In early American colonial times, the right to carry a weapon was carried on by the early English colonists who needed arms to defend their property and the families from the Native Americans. Even if there had been an army, it would have taken too long for it to arrive in the event of trouble. Standing armies were very unpopular to the colonists because many of them had experienced standing armies in their native lands that ended up ruling over the people. Instead of having standing armies, the colonists would train together for the purpose of local defense. The local groups were called militia and are somewhat equivalent to the National Guard today. During the Revolutionary era, the British recognized that the colonists would use their weapons to defend themselves so they made an effort to confiscate the weapons of the local militia. This confiscation instigated the battles of Lexington and Concord which were the first battles of the revolution which erupted when the British were trying to capture weapons and ammunition stores at Concord. When the revolutionary War ended, and the Americans were making their new Constitution, they were very aware of the need for self-defense...
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...A) Early English law sought not only to deter crime and immoral behaviour but to exert social control, particularly over the lesser mortals, nothing changes. Crimes committed in early England are not much different to the crimes committed today, although the punishments given are very different. Our methods today for punishment no longer use barbaric methods such as hanging, stoning, burning, drowning, decapitation and the breaking of the neck for serious crimes nor do we amputate , blind, scalp and brand for the lesser crimes committed. Instead we send offenders to prison for the serious crimes and fine/community service for the lesser crimes committed. Abduction, murder, rape, robbery, damage to property and assault are still punishable today but adultery and slaves are no longer offences due to society changes. To exert social control early English law stated “any person who tried to escape pursuit or to act in self-defence could be cut down irrespective of the magnitude of the suspected offence or the age or sex of the suspected offender” this can be said for today if a suspect were to run from a crime. In Aethelbert’s codes that all men were not equal before the law, and even less so in the case of women does not extend to today as far as the law is today, all men and women are equal regardless of colour, race, age or gender. Early English law did not have prisons and fines were determined by social status, the higher up the person was the less they had to...
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...ADVANTAGES OF THE TRIBUNAL SPEED-tribunal cases are highly regarded and most times initially attended to in court, and are frequently arranged on, within a day or two. They are constantly defined on how long can a person wait before their case can be heard and decided upon so that the person do not have to be going back and forth. COST-in the tribunal system cost are quite reasonable as fined can be divided into halves so that the defendant do not have to pay the whole sum of money. and sometimes one can always represent themselves without the aid of authorised officials. INFORMALITY-it is a bit different from law courts as in law courts wigs and gowns are worn but in this system judiciary dresses as normal everyday worker so it does not create an intimidating atmosphere for people without legal advisors. flexibility SPECIALISATION-tribunal members have all got a speciality in a specific subject area, and through sitting on tribunals are able to build up depth of knowledge of that area that judges in ordinary court could not hope to match. RELIEF WORK OVERLOAD FROM COURT-it reduces the number of cases sent to the main court as they deal with also important cases and the courts are not overloaded. AWARENESS OF POLICY-the tribunal members because of their expertise are likely to understand the policy behind legislation in their area, and often have large discretionary power in their to use. PRIVACY-members of the tribunal most times meets in privacy so that they do not...
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...role in the company: “Wong Siu Foong shall be appointed to the Board of Directors for as long she holds shares in the Company, and shall not be removed without the approval of Wong Siu Long. As director, Wong Siu Foong shall be entitled to an annual remuneration amounting to $60,000 or 1% of the Company’s after-tax profits, whichever is the higher.” The issue presented in this question is whether SF can enforce the above provision against WFJ. Based on the facts, the general law can be applied to determine the effectiveness of the provision. S39(1) of the Companies Act (“CA”) states that the memorandum and articles shall bind the company and the members as if the respective parties had signed and sealed in a contract to observe all the provisions of the memorandum and the articles. Hence, the provision in the article is said to be effective. However, there are alternative arguments to this case. The Singapore court not only takes the Singapore CA into consideration during a ruling, but also relevant previous law cases. For this issue, the Hickman v Kent or Romney Marsh...
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...The UK is the 6th largest economy in the world according to GDP (current prices, US dollars) and the 8th largest in the world according to GDP (PPP). In 2012, the UK’s GDP (current prices) was $2.44 trillion and its GDP (PPP) was $2.336 trillion. For January to March 2014, the UK employment rate for those aged from 16 to 64 was 72.7%. The equivalent figures for the countries were 73.5% for Scotland, 72.9% for England, 70.0% for Wales and 67.8% for Northern Ireland. For January to March 2014, the UK unemployment rate for those aged 16 and over was 6.8%. The equivalent figures for the countries were 7.2% for Northern Ireland, 6.8% for both England and Wales, and 6.4% for Scotland. In 2009/10 to 2011/12, the annual average direct tax (such as income tax and National Insurance) paid by all UK households was £7,360 per household. By country, Scotland paid £7,056 per household, Northern Ireland paid £5,647 and Wales paid £5,564. In 2012/13, UK public sector net borrowing was £115.1 billion (7.4% of UK GDP), this excludes transfers related to the Bank of England Asset Purchase Facility and Royal Mail Pension Scheme. When these two transfers are included net borrowing was £80.7 billion (5.1% of UK GDP). These figures are for the same time period as the latest available figures for Scotland. At the start of 2013, Business Population Estimates showed that Scotland had the fewest registered private businesses per 10,000 adults in the UK at 740, followed by 753 in Wales, 785 in Northern...
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...Malayan Law Journal Reports/1986/Volume 1/PUBLIC PROSECUTOR v PARAM CUMARASWAMY - [1986] 1 MLJ 512 - 3 January 1986 6 pages [1986] 1 MLJ 512 PUBLIC PROSECUTOR v PARAM CUMARASWAMY OCJ KUALA LUMPUR CHAN J FEDERAL TERRITORY CRIMINAL TRIAL NO 39 OF 1985 3 January 1986 Criminal Law and Procedure -- Charge of sedition -- Close of prosecution case -- Whether prima facie case made out -- Sedition Act, 1948, ss. 3(1) & 4(1) -- Criminal Procedure Code (F.M.S. Cap. 6), s. 180 -- Federal Constitution, art. 10 1986 1 MLJ 512 at 513 In this case the respondent was charged with uttering seditious words, an offence under the Sedition Act, 1948. At the close of the prosecution case, counsel submitted that there was no case to answer. Held: (1) all that is required at the close of the prosecution case is for the prosecution to discharge their evidential burden by adducing sufficient evidence to raise a prima facie case against the accused. At that stage, a trial judge should not consider whether or not a case has been proved beyond a reasonable doubt against the accused. If no evidence is called for the defence, then, and then only, the tribunal of fact must decide whether the prosecution has succeeded in discharging the persuasive burden by proving its case beyond a reasonable doubt; (2) in this case the prosecution has discharged their evidential burden by adducing evidence of primary facts. The accused must therefore be called to enter on his defence. ...
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...A Good Samaritan law is a law which compels a person to act for another if they are ill, in harm or other peril. The UK is one of the few European countries that have not criminalised failure to act, but instead the courts and some statutes have provided situations whereby liability will be imposed for a failure to act, or an ‘omission’. This assignment will discuss these circumstances and analyse why they exist. The law of England and Wales states that for someone to be found guilty of an offence there are two elements which must be found; these are actus reus and mens rea. Actus reus is a criminal act, and coupled with mens rea, ‘the guilty mind’, liability can often be imposed. However actus reus, deceivingly, does not have to be an ‘act’. There are certain circumstances where a failure to act, or an ‘omission’, is enough to place criminal liability. The general rule in English criminal law is that an omission will not result in criminal liability, for example if a by-passer witnesses someone being stabbed, but does not intervene, then the victim dies, they will not be liable, even though they may have reasonably been able to help. This is because there is no ‘constructed situation’ where it says there is a duty to act. However, there are certain situations where liability will be found, because it is expressed in statute, this is called direct liability; where a statute specifically states that there is a duty to act; for example the Road Traffic Act 1988 s.6 which provides...
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...I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and / or Assigns for descriptive purposes. I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as...
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...concern is a controversial one that forces us to weigh the importance of our right to enter a plea against another citizen, against our right to petition freely without fear of redress. Over the past couple decades Strategic Lawsuits Against Public Participation in government, also know as SLAPPs, have become a tool used by corporations (especially those in real-estate) to silence critics who petition against their actions. The goal of delay and distraction is accomplished by forcing defendants to bear the burden of litigation costs in order to defend themselves from the impending lawsuit. Twenty-Eight states have already passed anti-SLAPP statutes, however I believe it is necessary for the national government to pass a nationwide anti-SLAPP law in order to protect what is arguably one of its citizens most fundamentally important rights. In order to support this claim however, it is imperative for us to examine the history of how the right to petition has been used, and the development of precedents that show how this right has been interpreted and protected...
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...to enforce the law properly, by the increasing amounts of people migrating into the United States legal and illegally. The United States government and law enforcement are constantly doing studies and mapping trends of people crossing our borders to migrate to the United States to be able to make a better life for themselves and their families, by the alarming rates of people applying for green cards and citizenships. A Green Card or permanent resident card serves as proof of a person's lawful permanent resident status in the United States. That allows the person with the Green Card to have right to live and work permanently in the United States or even become a American citizen. A person’s valid green card also means that he or she by law is registered in the U.S. in accordance with all United States immigration laws. People who obtain a green card before 1989, the green card use to remain valid permanently. Since 1989 the immigration laws have changed that everyone must renew their green cards every 10 years. The law is also enforced in the same way for people who received their green cards in 1989 or before 1989. The previous versions of green cards are no longer valid everyone is required to renew their green cards every 10 years. (Rachel F., 2011) This is a primary example of news press release of how language barriers are causing a real serious problem to police officers. To be able to do their job effectively by people not being able to speak English or able to speak...
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...Samuel Johnson: The law is the last result of human wisdom acting upon human experience for the benefit of the public Dynamic intelligence, speculative minds, misery of pain and shared anguish prompted the search of humans for law and justice. Law has been defined in different ways by various religious leaders and prolific philosophers. Law is an interpretative social practice that contains implicit moral principles and values. Law is related to justice, reason, human nature and ethics. The objective of law is stability, peace and tranquility of sentient beings. Protection of wrong encourages breaking of law. One who breaks the law cannot get protection. Laws can be made and unmade. Law must be just and fair. It is known as substantive due process doctrine. Samuel Johnson wrote that “The law is the last result of human wisdom acting upon human experience for the benefit of the public.” Next only to William Shakespeare, Samuel Johnson is perhaps the most quoted of English writers. The latter part of the eighteenth century is often (in English-speaking countries, of course) called, simply, the Age of Johnson. Samuel Johnson (18 September 1709 [O.S. 7 September] – 13 December 1784), often referred to as Dr Johnson, was an English writer who made lasting contributions to English literature as a poet, essayist, moralist, literary critic, biographer, editor and lexicographer. Johnson was a devout Anglican and committed Tory, and has been described as “arguably the most distinguished...
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...Administrative organs in Kazakhstan. Table of Contents 1. Introduction 2. Legal System of Kazakhstan 2.1. Constitution of the Republic of Kazakhstan 2.2. Constitutional Laws 2.3. Codes 2.4. Other Normative Acts 3. State Order in the Republic of Kazakhstan 3.1. Presidency 3.2. Parliament 3.3. Government 3.4. Constitutional Council 3.5. Judicial Authority 3.6. Local Public Administration and Self-Administration 1. Introduction The Republic of Kazakhstan is a transcontinental country located in Central Asia and Eastern Europe. The territory covers 2, 7 million square kilometers and country is ranked as the 9th largest territory in the world. It is neighbored clockwise from the north by Russia, China, Kyrgyzstan, Uzbekistan, Turkmenistan and also borders on a significant part of the Caspian Sea. The population is approximately 17 million people, including Kazakh, Russian, Uyghur, Ukrainian, Uzbek, and Tatar. Approximately 63% of the population consists of Kazakhs. The capital city was Almaty up until 1997, when it was changed to Astana. The official state language is Kazakh. In state institutions and local self-governing bodies, Russian language is used on equal grounds with the Kazakh language. According to the 2009 census, 70.2% of the population is Sunni Muslims, followed by 20.6% Orthodox Christians, 0.1% Buddhists, 0.2% others (mostly Jews), and 2.8% non-believers. The Kazakh khanate was formed in the 15th century and had 3 tribal divisions...
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