security) c. Provide for common defense d. Promote general welfare e. Secure liberty 4. Functions of courts a. To resolve disputes/controversies b. To modify behavior c. To make public policy (setting judicial/legal precedents) d. To compensate for harm/injury 5. Kinds of law a. Constitutional i. Law deriving from the supreme court and lower courts’ implementation and interpretation of the constitution b. Common i. “judge made”
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Explain the role of discretion in the criminal justice system. As a society we believe that offenders should be held accountable for their actions but also treated fairly in the criminal investigation‚ trial process and sentencing. As a result of this‚ the power of discretion‚ that is the ability to choose from a range of options‚ is granted to some authorities ensure some flexibility for decision making within the system‚ enabling a more holistic outcome for all parties involved. The issues
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“The legislature cannot‚ according to our constitution‚ bind itself as to the form of subsequent legislation‚ and it is impossible for Parliament to enact that in a subsequent statute dealing with the same subject-matter there can be no implied repeal. If‚ in a subsequent Act‚ Parliament chooses to make it plain that the earlier statute is being to some extent repealed‚ effect must be given to that intention just because it is the will of the legislature.” (per Maugham LJ in Ellen Street Estates
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SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i.e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law
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The Australian Legal System Overview * The continent now known as “Australia” has a very long history of occupation * Aboriginal people have lived on the continent for at least 40 000 years. European settlement of the continent has been relatively recent Aboriginal Culture * When English settlers arrived at Sydney cove in 1788‚ there were approximately 500 aboriginal tribe living in different parts of the continent. The combined population of the tribes is thought to have been
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effects on company operations and profitability caused by developments in a country’s political and legal environments. Some examples like: Diverse political and legal systems‚ as managers must adhere to business laws and regulations. Preferential subsidies‚ government incentives‚ and protectionism. International Business: Strategy‚ Management‚ and the New Realities 2 Political or legal factor‚ economic‚ social‚ or technological developments. Unintended consequences- Laws may be unexpectedly
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Model Answer 1 Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context‚ explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution. (10 marks) (This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.) The phrase‚ ‘Fundamental Liberties’‚ refers to certain rights‚ which may be considered as basic and essential
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such a system exists‚ should be based on objective factors‚ in particular ability‚ integrity and experience.” — Clause 13 of the United Nations Basic Principles on the Independence of the Judiciary — 3.0 THE SUPERIOR COURTS 3.1 THE FEDERAL COURT The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985‚ the superior courts system in Malaysia was
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MALAYSIAN LEGAL SYSTEM TOPICS CLASSIFICATION OF LAW 1. Public law (Between the Individuals and the State) 2. Private Law (Between the Law and Individuals) 3. International Law (Law between States) SOURCES OF LAW 1. Historical Sources 2. Place 3. Legal Sources: a) Written Law b) Unwritten Law Written Law Unwritten Law Syariah Law - Federal Constitution - Principles of English
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countries in the world. The conflictive contrasts between different social groups have made the Bolivian legal system change throughout time. The most recent and dramatic shift in the Bolivian legal system‚ was the adoption of a completely new constitution in the year 2009‚ during the government of Evo Morales Ayma (Nogales 2009). A clear fact that demonstrates shifts in the legal system is that this newly approved constitution is the seventeenth constitutional document
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