...In Australia, the system of law that is used is called the adversarial law, this system was first used in England and this system is furthermost used by countries that were settled by the British. Another system of law used around the world is called the inquisitorial system and it is greatly debated that Australia should be using this system. However, because of the several advantages the adversarial system has for providing to the principles of the rule of law it should be shown that this system of law is better served for Australia. In Australia everyone is to be subjected to the law. The Rule of Law is the legal principle that governs Australia, it implies that all persons including the law makers are subject to the law, the law should...
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...Principles of the Australian Parliamentary System Government)–!The!government!is!the!party!or!coalition!of!parties!that!wins!the!most!seats!in!the!House!of!Representatives! Parliament)–!Consists!of!a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900...
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...REVISION MTC037 – INTRODUCTION TO LAW II BY: ARIFF HAFIZI BIN MOHD RADZI GROUP: LWA02E Explain the features found in a Civil Law System and a Common Law System. (20 marks) Legal system is basically defined as a system for interpreting and enforcing the law. According to Wu Min Aun, a legal system is a framework of rules and institutions within a nation, regulating the individual’s relation with others and between the individuals and the government. Two most prevalent legal systems in the world are Civil Law System and Common Law System. Firstly, common law is law that became common to the realm which developed in medieval England. It mainly uses evolving bodies of case (judge-made) precedents. Example of countries which applies this type of system is Australia, United Kingdom and India. On the other hands, the civil law carries the meaning of citizen law which said to be derived the word jus sivil (citizen law). It is mainly developed from Roman Law and Emperor’s Justinian’s Code. Countries which use this type of legal system are mainly located in the European continent, for example; France and Italy. This legal system uses codified (or statute) laws which comes from the parliament. Basic feature of the common law system is that, its primary source is case law, neither statutes nor legislation. Legal principles from previous cases are applied to similar facts in later cases. On the other hand, civil law regards statutes/codes as its primary and only official sources...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...MALAYSIAN LEGAL SYSTEM LAW1020 QUIZ GENERAL INTRODUCTION TO THE CONCEPT OF “LAW” Name: …………………………………………………… Matrix No: ………………………… QUESTION 1 TRUE – FALSE: Answers T. F | 1. | Far from being remote, law affects every citizen at many points in his life. | T. F | 2. | “Law” is an English word that can be used in one specific way and capable of being defined precisely or adequately. | T. F | 3. | In its general usage, the word “law” is used only to express the sense ofabsolute certainty about the occurrence of a certain phenomenon. | T. F | 4. | In today’s modern period, owing to their individualistic as opposed to communal existence, human beings no longer need one another. | T. F | 5. | For centuries jurists and lawyers have come up with an accepted definition of the term “Law” or “to show what stands as law”. | T. F | 6. | The various major legal systems of the world today are closed categories. | T. F | 7. | The distinguishing feature of the Common Law legal system is that the rules of law are codified. | T. F | 8. | The Civil law system has its origin in France during the reign of Napoleon Bonaparte. | T. F | 9. | The origin of the Common law system can be traced in the practice of the early American settlers. | T. F | 10. | The “inquisitorial system” is the feature of the Civil law, while the “adversarial system” is the Common...
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...Martin Luther and the Ninety Five Theses Outline I. Introduction II. Who was Martin Luther? III. Martin Luther Calls for Reformation IV. A Short synopsis of the Ninety Five Theses V. Result of the Theses VI. Sources Consulted Introduction Martin Luther was the first person to translate and publish the Bible in the commonly-spoken dialect of the German people. Luther's hymns sparked the development of congregational singing in Christianity. His marriage, on June 13, 1525, to Katharina von Bora, a former nun, began the tradition of clerical marriage within several Christian traditions. Martin Luther was one of the most influential and compelling figures of Church history. Some of the most fundamental tenets of the Catholic Church were called into question by Luther, and lead to the greatest religious revolt in Church history, now known as the Protestant Reformation. Who Was Martin Luther? Martin Luther was born to Hans and Margaretta Luther on November 10, 1483 in Eisleben, Germany. He was baptized on the feast day of St. Martin of Tours, for whom he was named. Martin’s childhood was one of abuse and uncompromising cruelty, “His father once beat him so mercilessly that he ran away from home …His mother, "on account of an insignificant nut, beat me till the blood flowed, and it was this harshness and severity of the life I led with them that forced me subsequently to run away to a monastery and become a monk." His...
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...The existing law is appropriated in terms of independent tribunals, strict penalties, and dual civil and criminal regime for fighting against insider dealing. Details will be discussed in later text. Defects of Existing Law Four perspectives of defects of the existing law have been indentified and analyzed in details. Insufficient enforcement of law may be caused by the narrow definition of “Connected Persons”, lack of clear guidelines for civil and criminal proceedings, difficulty in proving mental intention and high dependence of international cooperation. Recommendations By adding a reporting system, introducing an out of court settlement, empowering the Insider Dealing Tribunal, introducing a jury system and distinguishing between civil and criminal proceedings, the efficiency of execution of law can be enhanced. Conclusion With reference to the similar law systems in...
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...Summary Australian law is based on the culture of English law. The following characteristics derive from the English background of our law: * A system of representative democracy, using parliaments to make laws. See chapters 7 & 8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could...
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...parties. The preamble of the Constitution of India declares to “...... to secure all its citizen justice, liberty, equality and fraternity”. The justice granted to citizen is of social, economical and political. However, the mode of delivering the justice to the citizen of India poses so many questions. It is in this regard necessary to put the question that whether the present system of access to justice is satisfactorily fulfilling the constitutional goal? The present mode of access to justice in India is based on the adversarial legalism. This system is generally followed in the common law countries. In this mode of justice the State plays a neutral role and it is parties who are responsible for initiating and conducting litigation. However, any crime is considered as an offence against the State in which such proceeding is initiated. This mode of justice was adopted by the Britishers to exploit the masses in their colonies. The whole set up was for the convenience of the administration in which the position of the power addressee was very pathetic. If we analyse the adversarial legal system, we could find that there is no parity of power between the parties to the dispute. It discriminates on the social, economical and political ground and thus directly hit to the...
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...of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter ...
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...NOT FOR DISTRIBUTION: USE ONLY IN COMPLIANCE WITH COPYRIGHT: DAVID RISSTROM AN INTERPRETATION OF LAW IN CONTEXT Bottomley, S., Gunningham, N. and Parker, S., 1991, Law in Context, The Federation Press, Leichhardt. { } = additional material from lectures. ( ) = my comments. (See ‘x’) refers to book page number. A short (somewhat boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising...
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...Strengthening the Ombudsman Institution in Asia Improving Accountability in Public Service Delivery through the Ombudsman About the Asian Development Bank ADB’s vision is an Asia and Pacific region free of poverty. Its mission is to help its developing member countries reduce poverty and improve the quality of life of their people. Despite the region’s many successes, it remains home to two-thirds of the world’s poor: 1.8 billion people who live on less than $2 a day, with 903 million struggling on less than $1.25 a day. ADB is committed to reducing poverty through inclusive economic growth, environmentally sustainable growth, and regional integration. Based in Manila, ADB is owned by 67 members, including 48 from the region. Its main instruments for helping its developing member countries are policy dialogue, loans, equity investments, guarantees, grants, and technical assistance. Strengthening the Ombudsman Institution in Asia Accountability is essential for good governance, and in many Asian countries the ombudsman is the key accountability institution. Originating in the West, the concept of the ombudsman arrived relatively late in Asia. Yet more and more ombudsman offices are being established in Asia, and they play a critical role in the fight against incompetence and injustice on the part of government officials. This report presents in-depth research on Asian ombudsmen, with a focus on best practices and emerging issues, especially in the context...
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... Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011. To purchase your own copy of this or any of Taylor...
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...your research project your research project a step-by-step guide for the first-time researcher NICHOLAS WALLIMAN with Bousmaha Baiche SAGE Publications London • Thousand Oaks • New Delhi To my wife, Ursula © Nicholas Walliman 2001 Chapter 2 © Dr Bousmaha Baiche 2001 First published 2001 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be reproduced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Inquiries concerning reproduction outside those terms should be sent to the publishers. SAGE Publications Ltd 6 Bonhill Street London EC2A 4PU SAGE Publications Inc 2455 Teller Road Thousand Oaks, California 91320 SAGE Publications India Pvt Ltd 32, M-Block Market Greater Kailash – I New Delhi 110 048 British Library Cataloguing in Publication data A catalogue record for this book is available from the British Library ISBN 0 7619 6538 6 ISBN 0 7619 6539 4 (pbk) Library of Congress catalog record available Typeset by Keystroke, Jacaranda Lodge, Wolverhampton. Printed in Great Britain by The Cromwell Press Ltd, Trowbridge, Wiltshire CONTENTS Acknowledgements Introduction 1 2 3 4 5 6 7 8 Research and the Research Problem Information...
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...H8032-Prelims.QXD 7/1/06 11:08 AM Page i CIMA’S Official Learning System CIMA Certificate in Business Accounting, 2006 Syllabus Certificate Level Fundamentals of Ethics, Corporate Governance and Business law David Sagar Larry Mead Philippa Foster Back H8032-Prelims.QXD 7/1/06 11:08 AM Page ii CIMA Publishing is an imprint of Elsevier Linacre House, Jordan Hill, Oxford OX2 8DP, UK 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA First edition 2006 Copyright © 2006 Elsevier Ltd. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone (ϩ44) (0) 1865 843830; fax (ϩ44) (0) 1865 853333; e-mail: permissions@elsevier.com. Alternatively you can submit your request online by visiting the Elsevier web site at http://elsevier.com/locate/permissions, and selecting Obtaining Permission to use Elsevier material Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication...
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