RESEMBLENCES

The next time you are tempted to break out in a silly laughter in the library,remember you may faintly remind those present around you of something they had seen in the zoo.Keep your laughter human. Vijay- The Midnight Owl

ANONYMOUS

The crowd is unstable, inconsistent, and easily manipulated.

Marbury v Madison [1802] SC- USA.

John Marshall- CJ
That the people have an original right to establish, for their own future goverment, such principles, as in their opinion shall most conduce to their own happiness is the basis on which the whole American fabric has been erected.

You can use the above quote , if your decide to write on, the Dream Constitution.

You have to make  some comparisions on a few constitutions. This is just an academic question- because in the end the Constitution is what it really is- a DREAM in peoples minds. England, N.Z. and Israel (exception- no constituion), USA, Australia and any other Constitution in the world is bound to have problems with different ethnic and racial  groups. This problem is nothing new-it is as old as the world itself. One way is to tackle it from a sociological level- by having an absolute or constituional monarchy. Another is to have  a  comprehensive constitution with a strong   independant Judiciary. One thing is for sure though- the country may need the army, the banks   and the civil service to exist- but neither can suceed for long without lawyers being somewhere around the corner.Constitutional Lawyers frame the Constitution, Litigation lawyers argue in Court, and Judges decide where the justice of the case lies.There is no escaping your goodselves.

ADIOS-SAYONARA-SEE YOU IN COURT SOMEDAY.[LAST CLASS- THURS-6-7 PM:13-4-2011]

WILL WRITE THE CAPTION TOMORROW- ALREADY VERY TIRED -LAH!!

ADIOS-SAYONARA-SEE YOU IN COURT SOMEDAY.[LAST CLASS- THURS-5-6 PM:IT WAS A PLEASURE HAVING YOU ALL IN CLASS-4-2011]

IT WAS A PLEASURE HAVING YOU ALL IN MY CLASS.

I WILL CONTINUE THE COMMENT TOMORROW- VERY TIRED- LAH! HARAP AMPUN!.-vj

ADIOS-SAYONARA-SEE YOU IN COURT SOMEDAY.[LAST CLASS- WED-6-7 PM:13-4-2011]

WOW! MY STUDENTS BOUGHT A CAKE FOR ME!!!!

SAYA PAHALA -LAH!!! EAT CAKE IN CLASS AND GET PAID BY UM!!!

PEGUAM SUDIRMAN-ALWAYS HAS THAT WINNING SMILE !!!

YOU NEVER KNOW- ONE DAY YOU MIGHT BE SITTING UP THERE AND MAYBE I WILL BE THE ACCUSED STANDING IN THE  DOCK!!!

ADIOS-SAYONARA-SEE YOU IN COURT SOMEDAY.[LAST CLASS- WED-5-6 PM:13-4-2011]

Keep up the pursuit.Nothing comes easy in life [except trouble]

THE  JOURNEY OF A THOUSAND MILES BEGINS WITH THE FIRST STEP- CONFUCIOUS

 PEGUAMBELA & PEGUAMCARA DARI UM!!!!

THIS PHOTO LOOKS MORE LIKE A MODELLING CLASS THAN A LAW CLASS!!!!

WHEN YOU CLOSE YOUR EYES EVERY NIGHT- THIS IS WHAT YOU MUST SEE.

EXAM TIPS

 A spirit from the other world visited me in my studyroom today. I got a fright and immediately hurled myself under the table and hid my face.The I heard a voice which  told me that the exam questions on AL are going to be tough and the main thrust of the questions will be on Current Issues. Then the spirit disappeared. Then I got out from under the table sweating profusely and immediately put this on my blog. I solemly swear before this Court that this is the truth,the whole truth and nothing but the truth.

LAW STUDENTS WHO WANT TO SCORE AN "A"

1.      Administrative  Law  Model  for  the  New  Millennium.

TO BE CONTINUED

GOD BLESS YOU ALL.

Everyone is smiling except for one person who seems to be bosan. Kenapa adik? Best smile goes to Peguam Sudirman.

A PERSISTENT QUESTION ASKED BY YOUNG LAWYERS.

MATTER BEFORE SESSIONS COURT
 Allright- a dreadful mistake has been made!!!The Pleadings contains errors in reference to Company's name &  Companys registration number because lawyer  was not paying attention and had inserted somebodys IC number instead.And  all parties are bound by their pleadings. So how do we clear this hurdle when the documents are already in the Courts file and the defence lawyers are objecting that they are not the Defendants named in the Summons and have applied to the Court to strike out the Summons?

 The procedure is found in Order 15 Subordinate Courts Rules 1980

Order 15 (1) Amendment.

 Amendment of summons or pleading with leave.

[You don't have to commit suicide over this]. But you have to file a Notis Permohonan & Cadangan Saman Perpinda together with an Afidavit Sokongan.

Administrative law- a guide to your exams

Pengarah Tanah dan Galian,WP v Sri Lembah Enterprise

"The Courts are the only defence of the liberty of the subject against departmental aggression"

THE AXE

" Bagai kapak memasuk minang"

Like sending an axe to negotiate marriage arrangements, who ruins everything even before the  discussion has hardly begun.[usually by suggesting that the dowry is a bit too low] Similar to sending a  clumsy idiot with a capital "I" to handle a delicate matter. This can also be extended to mean ill- prepared  lawyers who fumble their way through cases, totally ruining any possible out of Court settlements.     The Midnight Owl

LOKMAN [AL-QURAN] verse 19

19.  "And be moderate in your walking,and lower your voice.Verily, the ugliest

        of  all voices is the voice of  ASSES."

[Students need to remember this verse especially when they are in the library.]

Jowitt's Dictionary of English Law

"Public law is that part of the law which deals with the state, either by itself or in its relations with individuals, and is called constitutional, when it regulates the relations between the various divisions of the sovereign power; and administrative, when it regulates the business which the state has to do...."

 VJ: basically public law regulates the conduct and relations berween the State and its citizens. Unlike private law, for example Contract, Partnerships & bequeathing of property by writing Wills, Public law is administered by the State and if they act ultra vires, then this law can be challenged by way of Judicial Review. The 2 pillars of  Public law are the Constitution and Administrative Law. I hope this helps.

MOOT COURT AT UM= 1-4-2011

Appeal Rejected. Judgment of the High Court is affirmed. Court rules in favour of Respondents.

 Since the Respondents were unfairly advantaged by submitting that the Appellants application was time barred-that is, the application had exceeded that 40 day period- the Moot Court did not include that point in assessing the Overall Assessment.

Generally, too  much reading from notes and Respondents referring to notes which were not available for the Judge and the Appellants. Furthermore there was no objection from the Appellants!! Besides that , it was an okay fight- but Diana's submission tipped the case for the Respondents.

Note: A Judge cannot descend into the arena of litigation to help anyone.A litigant may have done a lot of work, but if  a legal point is not mooted before the Court  clearly &  concisely, the Judge cannot come to rescue  the lawyer.

 ACTUAL COURT LITIGATION

If the lawyer drowns, the Judge will not throw you a lifeline.You will be eaten by the sharks-that is,  the opposing Lawyers. This is the reality of actual  Courtroom Litigation.Welcome to the Legal Profession.

Administrative law- a guide to your exams- A Comment on FC Art 5(3)

RIGHT OF AN ACCUSED TO  LEGAL COUNSEL
Ooi Ah Phua v Officer in Charge, Criminal Investigations, Kedah/ Perlis [1975] 2 MLJ 198 at 200
Cannot be exercised immediately- balance must be struck between the right of a person to consult his lawyer and the duty of the police to collect evidence of the wrongdoing.

Hashim bin Saud v Yahaya [1977] 2 MLJ 116 - onus of proving that if the right if exercise would impede investigations falls on the police.

c/f   PP v Nomezam Apandy [2005] 4 MLJ 365- right exists at the time of arrest.

Theresa Lim Chin Chin v Inspector General of Police [1988]1 MLJ 293should be left to the good judgment of the authority.

Mohd Ezam v Ketua Polis Negara [2002] 4 MLJ 449 FC - The ISA makes no provision for denial of access to legal representation which would be inconsistent with Art5(3) of the FC.

Majlis Agama Islam Selangor v Boon Boon Chuen & Ors [2008] 6 MLJ 494

"Another point is  this.The procedings before the HC was a JR proceedings.It has been said often enough that in JR proceedings, the Courts are only concerned wit the decision making process of a public body and not the decision itself.Simply put the Courts are not going to substitute a fairer or just decision of its own"

Panduan untuk peperiksaan-  this case can be used to partly illustrate your introductory answer in  explaining the nature of JR proceedings.Sri Lembah Enterprise v Pengarah Tanah &  Galian 1979 1 MLJ 135 can be quoted to elaborate further.

THE CASE BEGINS

 By the time the case is called up before the Court-each party will have the others Bundle of  Documents.( If a party wants to  adduce additional documents, a  request must be made to the Court . This is fraught with some 'hiccups' as the Court may ask a reason for this late filing.The Court may allow/disallow. Further, the opposing Counsel may object to this. But the Industrial Court will  allow as it is not a Civil Court but a Court of Equity.

Litigation is like the picture here- only half is visible, the other half is unseen. Each party only sees the BOD's & SOC -but  the hidden side is - which way  does the EIC and the Cross Examinaition go? That is where the real battle lies. A strong EIC can present an air tight case which cannot be penetrated by the Defence.On the other hand a meticulous Cross Exmaination  can cause the Plaintiffs sworn witness statement to collapse. (This is done by exposing discrepancies between the SOC and the WS- which is usually not easily visible for the undiscerning). The problem is further compounded when there is a naturally gifted liar  sitting in the Witness dock.

Tips: Remember - what is seen only accounts for 50%- what is unseen will account for the remaining 50%.Do not try to "machine gun" your way through the trial- chances are you may shoot yourself.

PS. Is there a reason why  this Peguam is posing behind a Chinese newspaper?

MY FAVOURITE PICTURE AT HOME

May your Home be filled with Good  & Inspiritional things.