continued..

Constitutional and administrative law

Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution, with a Bill of Rights. A few, like the United Kingdom, have no such document; in those jurisdictions the constitution is composed of statute, case law and convention. A case named Entick v. Carrington[8] illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,
"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole… If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."
The fundamental constitutional principle, inspired by John Locke,[9] is that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France.[10]

Criminal law

Criminal law is the body of law that defines criminal offences and the penalties for convicted offenders.[11] Apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure.[12] In every jurisdiction, a crime is committed where two elements are fulfilled: first, the criminal must have the requisite malicious intent to do a criminal act, or mens rea (guilty mind); second, he must commit the criminal act, or actus reus (guilty act). Examples of different kinds of crime include murder, assault, fraud or theft. In exceptional circumstances, defences can exist to some crimes, such as killing in self defence, or pleading insanity.
A famous case in 19th-century England, R v. Dudley and Stephens,[13] involved the defence of "necessity". The Mignotte, sailing from Southampton to Sydney, sank. Three crew members and a cabin boy were stranded on a raft. They were starving and the cabin boy close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion, especially among seafarers, was outraged and overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months.
Criminal law offences are viewed as offences against not just individual victims, but the community as well.[11] The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "The People v. …" or "R. (for Rex or Regina) v. …" Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still have capital punishment and corporal punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation.[11] On the international field, 104 countries have signed the enabling treaty for the International Criminal Court, which was established to try people for crimes against humanity.[14]

To be continued...

International Law

Source: Wikipedia

In a global economy, law is globalising too. International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
Public international law concerns relationships between sovereign nations. It has a special status as law because there is no international police force, and courts lack the capacity to penalise disobedience.[5] The sources for public international law to develop are custom, practice and treaties between sovereign nations. The United Nations, founded under the UN Charter and the Universal Declaration of Human Rights, is the most important international organisation, established after the Treaty of Versailles's failure and World War II. Other international agreements, like the Geneva Conventions on the conduct of war, and international bodies such as the International Court of Justice, International Labour Organisation, the World Trade Organisation, or the International Monetary Fund, also form a growing part of public international law.
Conflict of laws (or "private international law" in civil law countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses. This increases the number of disputes outside a unified legal framework and the enforceability of standard practices. Increasing numbers of businesses opt for commercial arbitration under the New York Convention 1958.
European Union law is the first and only example of a supranational legal framework. However, given increasing global economic integration, many regional agreements—especially the South American Community of Nations—are on track to follow the same model. In the EU, sovereign nations have pooled their authority through a system of courts and political institutions. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not.[6] As the European Court of Justice said in 1962, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.[7]

To be continued...

Law

Law, bound to be one of the greatest topic in this blog! :)

From Wikipedia:

Law[1] is a system of rules that is usually enforced through a set of institutions.[2] Law affects everyday life and society in a variety of ways. Contract law regulates everything from buying a bus ticket to trading swaptions on a derivatives market. Property law defines rights and obligations related to buying, selling, or renting real property such as homes and buildings. Trust law applies to assets held for investment, such as pension funds. Tort law allows claims for compensation when someone or their property is harmed. But if the harm is criminalized, and the act is intentional (or, in some cases, reckless or negligent), criminal law offers means to prosecute and punish the perpetrator. Constitutional law provides a framework for creating laws, protecting people's human rights, and electing political representatives, while administrative law allows ordinary citizens to challenge the way governments exercise power. International law regulates affairs between sovereign nation-states in everything from trade to the environment to military action. "The rule of law", wrote the ancient Greek philosopher Aristotle in 350 BC, "is better than the rule of any individual."[3]
Legal systems around the world elaborate legal rights and responsibilities in different ways. A basic distinction is made between civil law jurisdictions and systems using common law. Some countries base their law on religious scripts. Scholars investigate the nature of law through many perspectives, including legal history and philosophy, or social sciences such as economics and sociology. The study of law raises important questions about equality, fairness and justice, which are not always simple. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."[4] The most important institutions for law are the judiciary, the legislature, the executive, its bureaucracy, the military and police, the legal profession and civil society.

Family Law

Pretty random, but I will like to touch on this.

Family Law seemed to be disregarded by many.

But why is family law important?

I feel strongly that the principle of family is an important part of life, and although these times can be challenging, they can also offer a promising, new beginning. In order to do so, I believe that it's important for each member of our team to remain on the cutting edge of all recent case decisions--

It's fair to say that a Divorce & Family Law practice that is built is well respected by colleagues, the courts and clients alike. And, although we can't generally change the law or force an opposing party to agree to terms that they deem unfair, we can offer dedicated, creative, hard work while finding reasonable solutions and ultimately...hope.

upcoming soccer matches.

English FA Cup: 20/3/2007

Manchester United vs Middlesbrough

Tottenham vs Chelsea FC

Middlesbrough and Tottenham seem to be the underdogs for this match. Manchester United and Chelsea are known to be two of the "Big Four" which consists of Liverpool, Arsenal, Manchester United and lastly Chelsea FC. Nevertheless, a ball is round and anything can happen in this match. In soccer, there are bound to be upsets. Do not rely much on the Big teams, expect the unexpected. All the best for these teams playing tomorrow, may the LUCK be with them.

ain't this amazing?

I've got this information from Yahoo! News and i'll definitely want to share this with you all.

Nintendo Wii Outsells Xbox 360 and PlayStation 3

A research firm has reported that Nintendo sold as many Wii game consoles in February as both of its rivals put together. The NPD Group's latest report found that Nintendo sold 355,000 units during the month, with Microsoft selling 228,000 of its Xbox 360 units, and Sony coming in third place with just 127,000 of its PlayStation 3 consoles.

I doubt Nintendo Wii can outrun the Xbox 360 and Playstation 3 again as time moves on.

This is just the beginning!

thinking back,

Quote of the day;

Whenever you do a thing, act as if all the world were watching.

and now..

In my opinion, money is meant to be spent.

However,

With money, you fill your stomach.
With money, you fulfill your desires.
With money, you please the rest.

But with money, do you bring happiness?