Advantages And Disadvantages Of The Malaysian Judicial System

The courts are the formal courts of law that have been established over many years. Their purpose is to uphold the law of the land as dictated by statute and impose this law over those who appear to be in contradiction of these laws. A traditional court proceeding involves to opposing parties who present the facts of the case to the court and the presiding judge or sheriff rules in favour of one of the parties. Their

This list, preparation of which is laid out in detail in CH 6:53 S 10 (the Jury Act) is complied from information collected from

Most men of the white ethnicity and upper class families tend to get treated in the american court system as if they are the victims of the crimes that they committed. Some judges in particular sexual assault cases often refer to the ‘bright futures’ the rapists have ahead of them, and how ‘long sentences’ could negatively impact the criminals’ lives. The court system in America is a dangerously corrupt place. So if you’ve been charged with a rather serious crime, It’s ok! As long as you’re white and wealthy that is. In recent times young, affluent, caucasian men have been given inappropriately short sentences for their inhuman crimes.

Before we can delve into the relationship between certainty and flexibility in judicial precedent, each element must be explored individually. Unlike legislation and statue which most times speak to hypothetical situations, judicial precedent is a response to real situation and as such there is a foundation of pragmatism which holds the principle together. As it relates to certainty, the law is established in such a way that it is possible to predict what a decision will be and plan accordingly. There is a sense of security in this element of judicial precedence because once a legal rule has been established it is binding and cannot changed by a later or lower court, individuals can therefore adjust their behavior with regard to the legal rule.

Not overruling and thus strengthening previous rules, promotes certainty, predictability and consistency. As stated in Lawrence v. Texas overruling can bring upon an unjustifiable result under principles of Stare Decisis and seriously weaken the court's capacity to exercise the judicial power and to function as the supreme court of a nation dedicated to the rule of law (Lawrence).

Due to negative aspects that were presented in cases such as the Corey Davis case, the effectiveness of the Australian Legal System in accomplishing justice began to be viewed to demonstrate flaws in certain occasions by the Australian public. The Australian legal system aims to achieve equality and fairness towards the citizens of Australia to avoid anarchy within the nation. This is accomplished by set rules and laws that are created by the government. However, if these rules and laws are to be broken by an individual or a group of people living within the borders of the country, they may face legal consequences that include getting a fine, imprisonment, a life sentence or in some occurrences, a combination of these forms of punishment. In the Corey Davis case, an eleven year old boy that is identified as ‘W’ is sent to trial for committing an offence towards a six year old boy. An outline of the events in the Corey Davis case will be further explored as well as the involvement of the police, the conduct of the court system throughout the investigation of the case and its influence in achieving justice, and a summary of the trial. Furthermore, the debate about the current age limit for doli incapax and whether it is appropriate for modern society will be discussed as the Corey Davis case raised arguments about this topic. The Australian legal system aims to achieve justice, however certain instances such as the Corey Davis case have proved that it may occasionally

Domitus Ulpian said, “Justice is the constant and perpetual will to allot to every man his due.” Justice is what allows a society to operate and function. It is upheld and enforced by a system of rules known simply as the law which are officially recognised and imposed on states to govern behavior. Some form of law has always existed in human history whether it be in an unwritten customary form or in a written format like a constitution (Milgate P, 2013). The law and legal system around the world has developed throughout history to the point that there are many different categories and sub categories of law. In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common

Court cases, both criminal and civil begin in a regional court which makes a decision based upon the law that governs that particular region and that specific

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

Within the context of the Australian judicial system, all legal proceedings are subject to certain rules regarding the admissibility of evidence. In the mid 1990’s, the existing rules of evidence were replaced by the Uniform Evidence Act’s, as a means whereby consistency of decision making could be better observed. These new rules lay out standards which must be strictly adhered to, to ensure that the rights of both parties to a case are respected, allowing for a fair trial to take place. The specific act which will be used is dependent on the jurisdiction of the court itself; all High Court, Federal Court, Family Court, Federal Magistrates Court, and ACT courts are subject to The Evidence Act (Cth). The Tasmanian, New South Wales and Victorian Evidence Acts are marginally different from that of the Commonwealth, however generally speaking they are the same with a few minor differences .

The judicial system is divided into several branches just as in the States. These branches are local, state, and federal branches. They also incorporate a Supreme Court. The legal system of laws is based or

You have been charged with an either way offence this means that you will get the choice as to whether you trial your case at the Magistrates or Crown Court. In this report I will evaluate the effectiveness of lay people presenting their advantages and disadvantages. I will also evaluate the jury system. As I have explained either way offences can either be very serious or very minor, which is why they are tried at the Crown Court or Magistrates’.

The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law.

My opinion about the legislation is refers to laws made by a person or body, which has power to make law. In Malaysia, Parliament and Legislative Assemblies have powers to enact laws in their respective areas. Laws made by Parliament may extend to the whole country. However, laws enacted by a State Assembly only

Time-saving. Where principles have been established, cases with familiar facts are unlikely to go through a lengthy process of litigation. The main disadvantages of the doctrine of judicial precedent are; -