...Unwritten Law Unwritten laws are laws that are not enacted and not found in any constitution. It comprises of judicial decision of the superior courts, English law and customary law. Judicial decisions of the superior courts In Malaysia, judicial decisions of the superior courts are the High Court, Court of Appeal and the Federal Court. It is based on the hierarchical system known as stare decisis or the doctrine of binding judicial precedent. There are two types of precedents. Mandatory precedent is applied when the decisions of superior court are binding on lower courts or the superior courts are bound by their own decisions previously. However, the decisions of lower courts are not binding over superior courts. The lower courts must refer to the mandatory precedents of superior courts. However, judge of superior court will distinguish a case before him and the cases lying down the precedents and can decide not to follow the mandatory precedent if he thinks that the mandatory precedent is not related to the case before him. From this, an original precedent is formed. Persuasive precedent is a precedent which is useful or relevant to a case. It is not mandatory for the judges to apply persuasive precedent. Persuasive precedent may be binding on lower courts if judges of superior court choose to apply persuasive precedent. Precedents are the decisions made by judges previously in similar circumstances. It is generally recognized that judges do make law though not in the...
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...you do not know and who you do not manage to get to know. That is exactly the theme the American writer Siri Hustvedt takes up in her essay Living With Strangers published in The New York Times in 2002. The text is built up in three main sections. In the first part Hustvedt tells her personal story about her moving from the country where everyone knows each other and everyone always greets everyone, and to the big city New York where nobody greets each other and millions of people live side by side. She quickly learns the unwritten rule which says something like, pretend like nothing is happening, “It didn’t take long for me to absorb the unwritten code of survival in this town (…): PRETEND IT ISN’T HAPPENING” (line 17-20). Hustvedt quickly captures the reader’s interest by telling this personal story in the beginning because the reader can identify herself with her and she seems reliable. In part 2 Hustvedt gives a few examples of the big city’s unwritten law, “Last October, I was on the F Train when I noticed a wild-eyed man entering the car. He boomed out a few verses from Revelation and then, in an equally loud voice, began his sermon, informing us that September 11 had been God’s just punishment for our sins. I could feel the cold, stiff resistance to his...
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...that in Minnesota everybody used to say “hi” to everybody, even people you didn’t know. Not even was it seen as being rude, but you could actually be looked at as a snob, which was the worst thing you could be looked at, but in New York it’s an entirely different story. Here it’s totally impossible to say hi to everybody, and nobody cares if you say hi to them because people don’t even acknowledge that you are there, they bump into you and elbow you as you walk through the streets. She also thinks that the urban life is lonely and hostile “Most of the time, we insulate ourselves out of necessity…” (line 107-108 page 8) this might be why the essay is called “Living With Strangers”. This might be caused by the unwritten law of New York the “Pretend it isn’t happening law”...
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...[Please do not circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people, wrote...
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...Introduction History of Unwritten Law Objective of Unwriten Law General Principle of Unwritten Law Element of Unwritten Law The Different between a Unwritten Law and Written Law Example of Unwritten Case UNWRITTEN LAW It is simply that portion of Malaysian law which is not written, i.e., law which is not being enacted by Parliament or State Assemblies and which is not found in the written Federal and State Constitutions. Unwritten law is found in cases decided by the courts, local customs, etc. Unwritten law comprises of the following. * English law The common law of England does apply in Malaysia. However, not all of England’s common law forms part of Malaysian Law. Section 3 (1) of the Civil Law Act 1956 ( Revised 1972) provides that, in Peninsular Malaysia, the courts shall apply the common law of England as well as equity as administered in England on April 1956. In the states of Sabah and Sarawak, the common law of England and the rules of equity together with the statutes of general application shall be applied However, the application of the English law throughout Malaysia is subject to two limitations: a) It is applied only in the absence of local statutes on the particular subjects. Local law takes precedence over English law as the latter is meant to fill the gaps (lacuna) in the local system. b) Only that part of the English law is suited to local circumstances will be applied. The provision to Section 3(1) of the Civil Law Act, 1956 is authority...
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...constitutional law is often described as the fundamental law of the land, its main objective is to determine and allocate functions and powers among various organs of the government. The constitution also defines the relation between governing authorities and the common man. The UK has always run on the basis of an unwritten constitution, which basically means that all the rules and regulations governing the fundamental state as well as the basic rights of the people are not codified in one single document known as the ‘constitution’. Unlike many other super powers around the world, Britain has never had the need to consolidate the building blocks of its land due to its relatively stable political development over time. Apart from the documentation of parliamentary laws and to a certain extent, judicial decisions, the unwritten constitution is mainly derived from traditions, precedents, and customs. Moreover, the conventions responsible for these laws are governed by obligations and obedience. These traits only emerge over time and consequently exert great significance to common law, allowing judges to make constitutional judgments without the overshadowing of a written text on what is right or wrong. Instead, they are able to draw on general rules emerging from traditional practices and precedents. As an unwritten constitution, the UK constitution is highly flexible and can easily evolve and adapt to changing times. Modern times necessitate the changing of laws in order to...
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...newspaper presses during the civil rights movement fuel the flames for the closed society and the unwritten law, and how their influence on the community allowed from the discriminatory acts to continue for many years. In a historically accurate and well dated documentation drawing upon journal articles from that time, Peterson makes the arguments that due to the presses backing of the closed society and unwritten law, many colleges and universities were able to get away with not integrating their school and sports teams, his prime focus being at the University of Mississippi. Peterson states his argument in the introduction of his book stating: “A key component of the Closed Society was the role of local journalism, which acted as an arm of organizations like the Citizen’s Council and the Sovereignty Commission to protect the way of life that segregation had built” (p.3)....
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...Definition of Roman law “Between 753 b.c. and a.d. 1453, the legal principles, procedures, and institutions of Roman law dominated Western, and parts of Eastern, civilization. The legal systems of western Europe, with the exception of Great Britain, are based on Roman law and are called civil-law systems. Even the common-law tradition found in the English-speaking world has been influenced by it. In the United States, the Common Law has been paramount, but Roman law has influenced the law of the state of Louisiana, a former French territory that adopted a French civil-law code. Roman law began as an attempt to codify a set of legal principles for all citizens. In 450 b.c. the Twelve Tables were erected in the Roman Forum. Set forth in tablets of wood or bronze, the law was put on public display, where it could be invoked by persons seeking remedies for their problems. Though the texts of the tablets have not survived, historians believe they dealt with legal procedures, torts, and Family Law issues. From 753 to 31 b.c., the Roman republic developed the jus civile, or Civil Law. This law was based on both custom and legislation and applied only to Roman citizens. By the third century b.c., the Romans developed the jus gentium, rules of International Law that were applied to interactions between Romans and foreigners. Over time the jus gentium became a massive compendium of law produced by magistrates and governors. Romans divided the law into jus scriptum, written law, and jus non...
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...Rule of Law By Sherry Pruitt If I were to ask a group of people what they thought of when they heard the phrase “rule of law” I expect some may reply “rule of law is a set of rules that regulate how people behave in a society.” Others may think “rule of law” is something that provides safety and predictability, offering protection of individual rights, persons, and property, while giving them the freedom to pursue the American dream. Some may think of words such as; criminal law, civil law, procedural law, case law, statutory law, penal code and precedent, while some will just form an image of a library full of books, which would be, most likely, what would come to my mind. All of these thoughts and ideas are correct to some degree. Schumalleger, defines the phrase “rule of law” as “the maximum that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members” (Schmalleger, 2009). To better understand the “rule of law” in the United States, it is important first, to understand common laws, statutory laws, and case law; what they are and how they are created. All laws are rules of conduct; they dictate certain forms of acceptable societal behavior which provides a safe and predictable means of interaction between individuals and parties such as government entities, businesses and individuals. Common-law, originating from the English courts, is “the traditional body of unwritten historical...
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...Every single country has its own legal system. Nowadays, there are few types of legal systems such as civil law, common law, customary law, and mixed law systems. Some country practices one type of legal system and practices the mixed legal system. Malaysia for example, practices the mixed legal system which includes the Common Law, Customary Law and Islamic law. The sources of Malaysian Law can be separated into two different laws which are written and unwritten. Written law refers to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia, written law consists of the Federal Constitutions, State Constitutions, Legislation and Subsidiary legislation. Unwritten law, refers to the law that has not been formally enacted. The unwritten law consists of Judicial precedents, Islamic law, Customary law and English common law. Written law, the Federal Constitution is the supreme law of the land. It is a written constitution. It stipulates the powers of the Federal and State level and provides for a democratic system of government. It also establishes a constitutional monarchy and entrenches fundamental liberties of the individual. To ensure that the Federal Constitution is not easily amended, a special majority of two-thirds of the total number of members of the legislature is required for an amendment. State Constitution is own by each of the 13 states of Malaysia. These contain provisions which are counted...
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...fundamental and entrenched rules governing the conduct of an organization or nation state, and it establishes it concept, character and structure. It lays out how a nation is to be run and who runs it. It sets out how government is elected and the powers of the state. It usually is occupied by a Bill of Rights, which is a document that lays out the individual rights of the people of that nation. A constitution cannot be removed as it has been entrenched in the foundations of that country. It can only be altered but as it can be seen in America, this is extremely difficult to do. Within the UK, we currently do not have a codified/ written constitution but has unwritten constitution. This means that our constitution isn’t written down in a single document but is made up of several documents, Acts of Parliament, laws, judicial precedent and traditions. Furthermore, the UK doesn’t have a Bill of Rights but has its rights highlighted under the Human Rights Act 1998, which highlights all the individuals rights. Under the Labour government, there was massive constitutional reforms between the periods of 1997 and 2010 and brought about a greater codification of the British constitution. The Conservative and Liberal Democrat coalitions introduced further constitutional reforms. In this essay I will highlight the argument that the constitution shouldn’t be codified but also that why there are advantages to a codified constitution. One of the main strengths of the UKs uncodified...
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...a) Sources of law is the authority from which the law derives their forces. It also can define as legal rules that make up the laws in Malaysia. The sources of law in Malaysia can be divided into two types, which are written laws and unwritten laws. Written law is the law that has been enacted by the legislature or constitutions while unwritten law is the law that has not been enacted by any legislature or constitutions. Written law consists of three sources, which is Federal and State Constitution, Federal and State Legislation, and Subsidiary Legislation. Firstly, Federal Constitution is the supreme law of the land of the country by virtue of Article 4 of said constitution; any laws passed after Merdeka Day which is inconsistent...
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...deal about Employment Law – who does it apply to? Scenario: Small business is being asked to raise minimum wage to $15 per hour. Unfortunately they aren’t able to afford that without taking a hit on their bottom line, owner needs to look at who does the law apply to and do it based on # of employees. Meaning, # of employees can affect whether or not the law applies to your organization. Employment Law Misconceptions: You can’t be fired without good cause You can’t have your pay cut You are entitled to unemployment if you’re fired Your desk, office, computer, and/or your locker are personal property There is no automatic right to employment but there are laws in place “At Will”, needs to be within the guidelines of discrimination laws. The question isn’t about what you can do… it should be about what you should do. Who and what decides what law to apply? Contracts, bargaining units (unions), employment practices at the company may define an unwritten agreement, contracts can be written, unwritten, and oral and/or inferred. Court decisions can interpret laws and regulations The law is fluid and subject to change…. Employment Law Coverage: Based on the number/amount of employees you have working for your organization. Employment Law Agencies in CA: CAL-OSHA Labor Commissioner Department of Fair Employment and Housing Workers’ Compensation Appeals Board Employment Development Department Francise Tax Board Employment Law Agencies in United States: ...
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...Unwritten law is simply that portion of Malaysian law which is not being enacted by Parliament or the State Assemblies and which is not found in the written Federal and State Constitutions. This category of law comes from cases decided by the Courts and the local customs, which is otherwise known as common law. The unwritten law mainly comprised of the English law, judicial decisions and custom law. English law forms part of the laws in Malaysia. English Law can be divided into two which are the English Commercial Law and English Land Law. In section 5(1) of the Civil Law Act 1956 provides that The English Commercial Law is applicable in Peninsular Malaysia except Penang and Malacca as it stood on 7 April 1956 in the absence of local legislation. On the other hand, Section 5(2) of the same act, applies in Penang, Malacca, Sabah and Sarawak as the law administered in these states will be the same as law administered in England, in the like case at corresponding period. As for the English Land Law, none of the English Land Law concerning the tenure, conveyance, assurance of or succession to any immovable property or any estate, right or interest therein applies in Malaysia. In Malaysia, National Land Code is the law that governs the land matters. There is no any allowance for English land law, except in so far the National Land Code might expressly provide. Approaching the judicial decision, judges do not decide arbitrarily. Instead, they are bound to follow certain accepted...
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...misbehavior is illegal. 4. The focal motivation for consumer misbehavior is value. 5. Other consumers may suffer while misbehaving consumers break societal norms and laws. 6. Moral equity represent beliefs regarding an act’s fairness or justness. 7. A consumer’s moral beliefs are comprised of two components: norms and relativism. 8. Relativism refers to beliefs about the violation of written or unwritten laws. 9. Equity reflects beliefs about the social acceptability of an act. 10. When a consumer enters into a situation that calls for an ethical decision, three sets of ethical evaluations occur: equity, contractual, and relativist. MKT 305 WK 11 QUIZ 10 CHAPTER 16 To purchase this visit here: http://www.activitymode.com/product/mkt-305-wk-11-quiz-10-chapter-16/ Contact us at: SUPPORT@ACTIVITYMODE.COM MKT 305 WK 11 QUIZ 10 CHAPTER 16 MKT 305 WK 11 Quiz 10 Chapter 16 TRUE/FALSE 1. Consumer misbehavior is behavior that violates generally accepted norms of conduct. 2. Consumer misbehavior may be viewed as a subset of a more general topic, human deviance. 3. All consumer misbehavior is illegal. 4. The focal motivation for consumer misbehavior is value. 5. Other consumers may suffer while misbehaving consumers break societal norms and laws. 6. Moral equity represent beliefs regarding an act’s fairness or justness....
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