Monday, November 2, 2009

Mature of Law

The mature of law which means the constitution between federal and states. There is involve the document that define membership, structure of the club. Malaysia's constitution is Federal constitution. However, constitution can be changes. And it can be changes by parliament with (2:3).

Legislation and subsidiary legislation. Legislation is the act or process of legislating; lawmaking. And it is also a proposed or enacted law or group of laws. Legislation also created by parliament, but it must be refer to the constitution.

Doctrine of Stare Decisis, also known as doctrine of binding judicial precedent. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar legal issues.

Conclusion, there is key legal term in this week lecturer:
* Common Law vs. Statutory Law
(Common law is unwritten, it's also created by judges; Statutory law are created by parliament)
* Plaintiff vs. Defendant
(Plaintiff is mean who takes actions in civil courts; Defendant means a person or institution against whom an action is brought in a court of law)
* Prosecutor vs. Accused
(Prosecutor is a government official who conducts criminal prosecutions on behalf of the state)
* Presumption vs. Innocence
* Natural Justice (Due process of Law)
* Statute, Act, Enactment and Ordinance
( Statute is similar with legislation; Act recreated by the legislation or parliament; Enactment is state legal assembly; Ordinance is similar with enactment, straightly to eastern Malaysia)

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