Learning Lab Archives - Schlobal

Why Hospitality is an Underrated Industry

Qhaiz — Tue, 19 Sep 2023 08:29:09 +0000

With the hospitality market reaching $4.7 trillion dollars, heading towards the $5.8 trillion dollar projection by 2027, the value of a hospitality degree is steadily growing to meet its industry valuation. Yet, it remains one of the most underrated degrees in the professional market.

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Why Hospitality is an Underrated Industry

A $4.7 Trillion Dollar Industry to Become a $5.8 Trillion Dollars by 2027

By Joash Pandita

With Tourism and Travel generating 10.4% of the world’s economic activity since 2018, tourism jobs have been growing steadily, especially so after the covid pandemic.

Though Tourism and Travel aren’t the only sectors to start booming again, the Food and Bevarage sector of hospitality has seen a registered total of $91.1 billion in sales in July 2023, compared to its total registered sales of $58.6 billion in January 2023.

Despite the stoking of a 2023 recession fire, the hospitality industry is continuing to surpass expectations and is generating strong numbers.

Market performance of hospitality has exceeded other industries such as technology and retail. Couple that with the fact that the Revenue Per Available Room (RevPAR) has actually exceeded the GDP growth of the current economic cycle. The hospitality industry is seeing through an incredible year of growth and revitalisation.

So, what does this mean for future hospitality graduates?

This means growth in salary capacity across the board and especially in Hotel Management and Tourism sectors. With the hotel sector adopting more ‘wellness’ amenities post-covid, people are feeling safer and are being more comfortable to stay in hotels again. This aided the revitalisation of the market, which overall, played a factor in the significant growth rate of the industry as a whole.

Given the surge in demand again, there has been a plethora of job opportunities for hospitality graduates to chase, many of which are high-paying positions (up to $200,000).

Here are several sub-sectors under hospitality:

Hotel Management
Food & Beverage (F&B)
Travel & Tourism
Dining
Casino Management
and many more…

The multitude of sub-sectors within hospitality makes it an incredibly thriving industry, and because of its versatility, it is also quite stable. If one sub-sector is affected by a sluggish economy, a hospitality degree will allow you to jump into other areas within the industry, without severely affecting your future job prospects and opportunities.

This in turn allows those working in the industry to network way more efficiently, especially within the higher echelon of sub-sectors like in Hotel Management, due to the constant interaction with guests and management that is highly required.

Partner that, with a degree in hospitality, and graduates will continue to see accelerated growth within the entire industry.

The Top 4 Sub-Sectors in Hospitality

Hotel Management

Travel & Tourism

Event Management

Culinary

If a career in Hospitality has been something you have been considering, Reliance College is the right place to start. We are the nation’s pioneer in Tourism and Hospitality education. With over 35 years of training experience, we believe in producing the best graduates for the ever-evolving and continuously growing hospitality industry. It’s time to begin your journey into the trillion-dollar hospitality industry!

Explore your options in hospitality here!

VSQ @ PJ CITY CENTRE Ground Floor, Jalan Utara, Seksyen 14 46200 Petaling Jaya, Selangor

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Why College Clubs Should be Higher Up Your Priority List

Qhaiz — Tue, 19 Sep 2023 08:25:46 +0000

College can be incredibly daunting when you first come in. That’s okay though, we’ve all experienced that cocktail of excitement, nervousness and occasional fear. However, college can be made into an incredibly memorable experience when you find areas to thrive in. Want to start flourishing? Well, join some clubs and societies!

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Why College Clubs Should be Higher Up Your Priority List

A New Atmosphere

Want to start flourishing? Well, join some clubs and societies!

Cultivating Your Skills Through Interests

College shouldn’t just be where you focus on your assignments and studying schedules at the expense of your hobbies and interests; it is a place where you cultivate those hobbies and interests. The best way to do that is through college clubs.

It’s fun to do what you love and it’s even better to do it with people who love it too! What’s better is that clubs are also an avenue where you can develop both soft skills and hard skills.

You are collaborating and communicating with your clubmates, and in turn, it directly contributes to the honing of those skills for your future professional life.

Building Your Network

While clubs can be a great way to build friendships, it is also an effective way to build a network that will benefit you personally and professionally. The connections you make in clubs can even potentially open opportunities to other industries that your clubmates may join in the future.

Clubs like the Moot Club and Editorial Club can connect you with people who have interests in working in industries related to these clubs or any other club.

Who knows? Maybe later down the line, you start looking for an industry change. Then the connections you’ve made in these clubs can come in handy to help bridge that gap between the industry you’re in and the one you’re looking to join.

Building Lifelong Friendships

One of the most important and vital aspects of joining college or university is forming friendships. The right friends can help you thrive in your education and also build a support system that everyone needs in their life.

Clubs are an amazing avenue to form and develop these friendships. With all the work and collaboration that takes place within a club, there is a natural sense of trust and rapport that forms quickly over time.

With the added benefit of shared interests, cultivating these relationships becomes way easier, overall making your time at college a much more memorable and less lonely experience.

Clubs at BAC Education

Your Foundation for Success

At BAC, we know that students need connections, an avenue to express their interests and build lifelong friendships in order to have a fulfilling educational experience.

So, come check out our clubs and start connecting through us!

Club List – BAC Engage

Instagram – BAC Engage

Contact ‘The Engage Team‘ for any further inquiries:
Moo – 010 663 7942 (moo@bac.edu.my)
Shen – 012 374 1167 (shenoj.v@bac.edu.my)

Photo by Iñaki del Olmo on Unsplash

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Intro to Investing for Students

Qhaiz — Fri, 15 Sep 2023 03:41:01 +0000

The concept of investing is not a new one. It is said it originated in Amsterdam in the 1600s but there is also evidence that it originated from the ‘Code of Hammurabi’ all the way back in 1700 BC. However, the framework for investing has been constantly evolving and its necessity is ever more important in the modern world. Here we will be covering how you, as students, can learn the basic concepts of investing to make your financial future a little bit more secure and your wallets a little heavier.

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Intro to Investing for Students

Risk Appetites

By Joash Pandita

The concept of investing is not a new one. It is said it originated in Amsterdam in the 1600s but there is also evidence that it originated from the ‘Code of Hammurabi’ all the way back in 1700 BC. However, the framework for investing has been constantly evolving and its necessity is ever more important in the modern world.

Here we will be covering how you, as students, can learn the basic concepts of investing to make your financial future a little bit more secure and your wallets a little heavier.

So, what does Risk Appetite even mean? Well in layman’s terms, it is the amount of money you’re willing to lose in your investment. The higher your risk appetite = the higher the amount of money you’re willing to lose to gain.

Low Risk Appetite

One of the lowest risk investments are high-yield savings accounts.

These are investments where you park your money and let it incur interest over time with little to no risk of losing your money. The values of these interest rates do vary, as they can start from 2.38% and go up to 6.15%. The percentage depends on the banks itself.

An important caveat is that a lot of these high-yield savings accounts do require you to do certain things to get the maximum amount of interest. Examples are like spending + depositing + investing on their platform or they could even require you to maintain a specific amount in the account; usually these amounts are around RM 100,000 to RM 200,000 (pro tip: the latter requirement is not ideal for students)

If all you want to do is park your money and forget about it while you still make a little money annually, then this method is perfect for you.

Another low-risk method of investing is something called Robo-advisors. These robo-advisors give you a risk assessment to complete and after you’re done, it will create a customized investment portfolio that suits your needs.

An amazing feature of these platforms is they also have something similar to high-yield savings accounts, where you can park your money and it will incur interest over time. Also, the interest rates are usually more attractive since you will be earning the maximum interest rate for just using the platform. The biggest benefit is that your money is incredibly liquid; only requiring a couple of days to withdraw and deposit.

Moderate Risk Appetite

With moderate risk investing, you’re going to need to be able to stomach some losses. Usually, this is as far as the average student investor would go but it’s not a bad place to keep your risk ceiling at.

Your gains will certainly be higher but at the expense of a potential loss. Examples of moderate risk investing would be spot trading stocks and index funds.

Spot trading stocks is buying a stock at a specified market value, the losses and gains are made at the 1-to-1 increase or decrease of stock price. For example, if you buy a stock at RM1.20 and the next day it goes up to RM 1.40, you just made RM0.20 in profit. It also works the other way around.

However, if your investment value decreases, it doesn’t mean your money is gone – just the value of your money within stock decreases. However, if this happens, it might increase over time, and you’ll make your losses back.

Index funds are just funds that contain a multitude of different companies to invest in. For example, the S&P 500 is an index fund that includes the top 500 companies in the United States.

(and yes, Malaysian students can invest in it too and it’s great!)

How it works is… if you put in RM1000 in the S&P 500, your RM1000 is spread across all the 500 companies. Therefore, your risk is spread out and it limits your losses if some of the companies perform badly on the list. Funds like this have more security and tends to trend higher consistently.

High Risk Appetite

This is where the hunger of daredevil student investors lingers. While it is not ideal for students to look into due to the earning capacity of the average student being on the lower end, high risk investing is still important and worth mentioning. Especially for those of you who are willing to take that risk.

The most common examples of high-risk investments are currency trading and leverage trading.

Currency trading is certainly one of the riskiest forms of investing, especially for students.

But what is it?

The currency market is the largest market in the world and it’s only growing. You are trading pairs of currencies against each other instead of buying a single one like a stock. The value of the currency pairs you may trade are extremely volatile and react to socio-economic or geopolitical landscapes of countries.

The losses can be catastrophic and the gains can be absolutely magical. While it is easy to get into, it is incredibly difficult to master.

Now leverage trading is a whole different bear. It works exactly like the stock market but you are leveraging the odds of a stock to go either up or down. These leverages are as low as 2x and can go as high as 20x.

That means if you trade or invest RM100 at a leverage of 20x, that RM100 is now being traded at a value of RM2000. This will greatly increase your profit capacity but will also increase the capacity of your losses. You will have to pay the loss of that RM2000 value if it goes sideways.

Again, this isn’t for the students who cannot stomach this amount of risk or has limited knowledge of these kinds of investments.

Risk is just one of the basic concepts for students to know before getting into investing. While all levels of risk have multiple methods of investing than the few we mentioned, identifying where you fall among these levels are crucial to step into the world of investing.

Remember that it is always better to step into investing than to never step in at all. Take risks and get your money to work for you early before you start working for your money.

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Conflict of Laws

Qhaiz — Sun, 27 Aug 2023 16:16:03 +0000

Conflict of laws signifies the difference between the laws of two or more jurisdictions that are applicable to a dispute in question. The results of the case depend upon the selection of the law to resolve the dispute. The conflict can be between federal and state laws, among the state laws themselves, or between the laws of different countries.

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Conflict of Laws

The primary question that arises in the situation of conflicting laws is: Which law should be used in resolving the case?

Courts follow a certain process in order to determine the law it would apply in deciding a case. In legal parlance, this process is known as characterization or classification. Courts usually have two choices while determining which law to apply in the case of a conflict, which are:

Lex fori: When the conflict in laws pertains to a procedural matter, courts mostly go by lex fori or the law of the forum, and

Lex loci: When the conflict in laws pertains to a substantive matter, courts mostly go by lex loci or the law of the place where the cause of action arose.

Courts have different rules from those of state courts. That’s because the jurisdiction of courts is limited by the constitution. Courts must follow a complex set of rules for determining the right law to apply in a case of conflicting laws.

Legal professionals and scholars in civil law refer to the conflict of laws as private international law. It is applied to legal disputes that have a foreign element in them.

If you look at business contracts, you’ll find that most of them contain a clause in the miscellaneous section, which either excludes the principles of conflict of laws or specify the conflict of laws principles of a certain state to govern the contract. This provision is usually made to interpret the agreement outside of the state where the cause of action has occurred.

For example, let’s say you have made an agreement with a company in California. This may give rise to a cause of action in California. However, you want to apply the laws of Texas to your contract and hence clearly specify that the contract would be governed by the laws of Texas.

Now, most of the states have a law saying that the state where the cause of action occurs will have a jurisdiction over the dispute. Due to this, your contract may be governed by the laws of California despite your express intention to the contrary. To avoid such unintended hardship, contracts usually contain an exclusion clause to expressly nullify the provisions of conflict of laws.

The conflict of laws is based upon the principle of choosing the most rational law to apply in a given case so as to give a fair result. It is known by different names, but none of them are accurate.

In a federal system like the United States where the conflicts are mainly between different state laws, the term “conflict of laws” is more popular since these rules are rarely applied to international issues. However, it’s still a general term that also applies to international disputes. Many criticize the term as being misleading since the object of these rules is to resolve the conflicts between different laws rather than the conflict itself.

If the case contains no foreign element, the conflict of laws is irrelevant. If an Englishman and woman who are both British citizens, domiciled and resident in England, go through a ceremony of marriage in England and later, when they are both still domiciled and resident here, the wife petitions an English court for a divorce, no foreign element is involved. No problem of jurisdiction arises and any questions about the validity of the marriage or the grounds upon which a divorce can be granted, as well as any procedural or evidential matters, are all governed by English law alone. The same is true if two Englishmen in England contract here for the sale and purchase of goods to be delivered from Oxford to Cambridge with payment in sterling in London, and the seller later sues the buyer and serves him with a writ in England.

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The Law of Evidence

Qhaiz — Thu, 24 Aug 2023 03:42:25 +0000

What exactly is the meaning of the word “evidence”? The term “evidence” comes from the Latin word “evidens evidere,” which means “to show clearly; to make clear, certain, or to prove.” A set of regulations for determining disputed facts in judicial investigations is known as the “Law of Evidence.” A system of rules and guidelines known as the “Law of Evidence” governs this process of gathering the facts, which are the fundamental components of a right or responsibility and are the main and possibly most challenging job of the court. A set of regulations for determining disputed facts in judicial investigations is known as the “Law of Evidence.” The “Law of Evidence” governs this system of gathering facts, which are the fundamental components of a right or liability and are the main and possibly most challenging role of the Court. In a case, the court typically deals with three matters− first, determining whether or not a specific event actually occurred; second, applying the procedural law in the case of the specified event; and third, determining the parties’ rights and obligations by applying the fundamental law to the relevant matter.

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The Law of Evidence

From Traditional Rules to Modern Principles

By Dr Sanjeetha Sidhu

A set of regulations for determining disputed facts in judicial investigations is known as the “Law of Evidence.” A system of rules and guidelines known as the “Law of Evidence” governs this process of gathering the facts, which are the fundamental components of a right or responsibility and are the main and possibly most challenging job of the court. A set of regulations for determining disputed facts in judicial investigations is known as the “Law of Evidence.” The “Law of Evidence” governs this system of gathering facts, which are the fundamental components of a right or liability and are the main and possibly most challenging role of the Court.

In a case, the court typically deals with three matters− first, determining whether or not a specific event actually occurred; second, applying the procedural law in the case of the specified event; and third, determining the parties’ rights and obligations by applying the fundamental law to the relevant matter.

The “key” that a court requires to make a decision is evidence. There can be no proof if there is no evidence. Information is presented to the court through evidence. A certain account of the events must be accepted by the court in order to establish facts through the presenting of evidence. Of course, one can pursue the truth even if it violates the parties’ constitutional rights. Evidence gathered illegally, however, can not support the upholding of justice in the future. Therefore, in order to accomplish quick, equitable, and cost−effective justice, the proof process should be governed by evidentiary norms and standards.

The law of evidence therefore legally means, exclusive of mere arguments, which tend to prove or disapprove any matter of fact the truth of which is submitted to judicial investigation.

The legal concept of evidence is neither static nor universal.

Medieval understandings of evidence in the age of trial by ordeal would be quite alien to modern sensibilities (Ho 2003–2004) and there is no approach to evidence and proof that is shared by all legal systems of the world today. Even within Western legal traditions, there are significant differences between Anglo-American law and Continental European law (see Damaška 1973, 1975, 1992, 1994, 1997). This entry focuses on the modern concept of evidence that operates in the legal tradition to which Anglo-American law belongs. It concentrates on evidence in relation to the proof of factual claims in law.

It may seem obvious that there must be a legal concept of evidence that is distinguishable from the ordinary concept of evidence. After all, there are, in law, many special rules on what can or cannot be introduced as evidence in court, on how evidence is to be presented and the uses to which it may be put, on the strength or sufficiency of evidence needed to establish proof and so forth. But the law remains silent on some crucial matters. In resolving the factual disputes before the court, the jury, or at a bench trial, the judge has to rely on extra-legal principles. There have been academic attempts at systematic analysis of the operation of these principles in legal fact-finding (Wigmore 1937; Anderson, Schum, and Twining 2009). These principles, so it is claimed, are of a general nature. On the basis that the logic in “drawing inferences from evidence to test hypotheses and justify conclusions” is governed by the same principles across different disciplines (Twining and Hampsher-Monk 2003: 4), ambitious projects have been undertaken to develop a cross-disciplinary framework for the analysis of evidence (Schum 1994) and to construct an interdisciplinary “integrated science of evidence” (Dawid, Twining, and Vasilaki 2011; cf. Tillers 2008).

Stephen (1872: 3–4, 6–7) long ago noted that legal usage of the term “evidence” is ambiguous. It sometimes refers to that which is adduced by a party at the trial as a means of establishing factual claims. (“Adducing evidence” is the legal term for presenting or producing evidence in court for the purpose of establishing proof.) This meaning of evidence is reflected in the definitional section of the Indian Evidence Act (Stephen 1872: 149). When lawyers use the term “evidence” in this way, they have in mind what epistemologists would think of as “objects of sensory evidence” (Haack 2004: 48).

Evidence, in this sense, is divided conventionally into three main categories: oral evidence (the testimony given in court by witnesses), documentary evidence (documents produced for inspection by the court), and “real evidence”; the first two are self-explanatory and the third captures things other than documents such as a knife allegedly used in committing a crime.

One interesting chapter of Law of Evidence is the admissibility of a rape victim’s previous sexual behaviour. Statue provides that such an evidence is only admissible if there is unique similarity between the past behaviour and the current charge. In R v Evans (2012), lewd utterance and preference for a sexual position was said to be unique and thus admissible.

The evidence available does confirm the popularity of this sexual position (The UK’s “favourite sex positions” revealed in new survey). The Independent, 11 February 2015, with 51% of respondents in Wales saying that ‘doggy style’ was their favourite sexual position. Another survey found this position to be the favourite of 57% of respondents in the north of England, Huffington Post.

Further, language such as that allegedly used in Evans also appears to be common, being a standard trope in mainstream pornography. A search of the most popular commercial pornography website, Pornhub, in March 2017, produced 1259 results for ‘f.k me harder’ with many more for ‘harder’, and 6964 videos tagged for the ‘doggy’ position.

In sum, the Evans case does not simply open the ‘floodgates’ but risks a tsumani. Common, everyday sexual activity is at risk of being admitted, with an open invitation to the defence to trawl through a complainant’s sexual history seeking ‘similarities’. It focuses attention on the complainant’s lifestyle and character, rather than on the defendant’s actions at the time of the alleged offence.

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Common Law Reasoning

Qhaiz — Wed, 23 Aug 2023 21:03:14 +0000

Common Law Reasoning is a subject which explores the components of the English legal system and the distinctiveness of the common law tradition, as a legal methodology and characteristics applicable to the civil and criminal justice system. The justice system consists of the civil and criminal justice system. The civil justice system has jurisdiction over civil trials settling legal disputes such as contractual, tortious and family disputes. While the criminal justice system handles the administration of all criminal trials such as murder, rape, theft and fraud.

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Common Law Reasoning

Understanding the Foundation of Judicial Decision-Making

By Shizreen Farina

Malaysian Palace of Justice

Common Law Reasoning is a subject which explores the components of the English legal system and the distinctiveness of the common law tradition, as a legal methodology and characteristics applicable to the civil and criminal justice system.

The justice system consists of the civil and criminal justice system. The civil justice system has jurisdiction over civil trials settling legal disputes such as contractual, tortious and family disputes. While the criminal justice system handles the administration of all criminal trials such as murder, rape, theft and fraud.

Let’s take a closer look at:

The Criminal Justice Process

Criminal justice covers issues on pre-trial, the trial process, sentencing and appeals. Central to the criminal justice system is the presumption of innocence. The accused is presumed to be innocent until proven guilty according to the established rules of law and procedure.

All criminal trials are initiated by the State; and in the context of the English procedure, it is decided by the Crown Prosecution Service on behalf of the State. As such, the power of the State to prosecute the accused needs to be balanced with adequate protection of the accused.

The proper administration of criminal trials is important as it concerns the fundamental human rights of the accused under Article 6 of the European Convention of Human Rights (ECHR) and the rule of law. Therefore, how an accused is convicted or acquitted is crucial to ensure there is no miscarriage of justice that occurs which may cast doubt on the guilt of the accused.

Jury Trials

A jury trial consists of twelve ordinary persons randomly selected to participate in a criminal trial to determine if the accused is guilty of the crime charged. The jury is directed by the judge on matters of law and procedures and the jury then reaches a verdict after they deliberate in private at the end of the trial.

The value of the jury lies with the concept of a trial by one’s own peer, which gives the accused the benefit of being impartially tried by people of his peers as opposed to a single judge. Moreover, jury trials are reserved for serious or indictable offences so as to give the accused the benefit of the doubt.

The outcome of a jury trial is 50/50, which means the likelihood of an acquittal is higher for the accused in comparison to a trial by judge alone.

Problems with the Jury:

While the idea of a trial by one’s own peers is attractive to the accused, there are many concerns and criticisms about the use of juries.

One of the main problems is the high cost affecting the use of taxpayers’ money to run jury trials. In the landmark decision of R v Twomey (2009) EWCA Crim 1035, the cost of the trial was £25 million as a result of suspected jury tampering (where the jurors’ independence is compromised either through bribery or intimidation etc.), hung jury (where the jurors cannot reach a unanimous verdict) and the trial being halted and delayed due to the accused being ill.

A more recent concern about the use of juries is the use of the internet, by jurors, to research the case they are trying which undermines the fairness of the proceedings. Juries are only allowed to consider the evidences presented during trial in order to reach their final verdict. Relying on external unreliable information to reach a verdict is detrimental to the rights of the accused to be tried fairly.

There are also problems of juries failing to understand the facts and reaching a decision which is erroneous. Racism among the jurors is also a concern as there is no way of knowing the real reasons for the conviction due to jury deliberations being kept confidential. Only when there are reports of misconduct by other jurors would we know for certain that misconduct has occurred and this would enable the conviction to be quashed on appeal. If the misconduct is not reported, there is no strong evidence of the wrong-doing and the conviction of the accused stands.

Relevance of Common Law Reasoning

The preservation of justice and preventing miscarriages of justice will always be relevant at any point of time as long as the Rule of Law is respected in the legal system.

These standards of justice are not limited to the English legal system alone to adhere to, but legal systems in every jurisdiction. Therefore, if the use of juries will have an adverse effect on the fairness of the criminal trials, it may make more sense to abolish the institution of the jury altogether as many countries have done, including Malaysia.

Alternatively, more stringent safeguards can be placed to ensure that the integrity of the trial is preserved. The latter approach has been taken by the English legal system to retain the use of juries while introducing safeguards against problems like jury tampering, and introducing specific criminal offences for jurors who breached their duty.

Whether the accused is tried by a judge and jury, or by a single judge, the integrity of the trial must be protected by all means necessary to ensure the confidence of the public is maintained towards the criminal justice system.

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Behind English Property Law

Qhaiz — Wed, 23 Aug 2023 06:35:25 +0000

Property Law encapsulates the creation and protection of property estates and interests over land. Estates in land comprise of permanent and temporary ownerships of estates. Temporary ownership is where owners enjoy possession of their land for a limited time, which is also known as leases. Interest in land also includes property rights given to a third party, who would enjoy certain privileges on the land, via an option to purchase land or mortgages.

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Behind English Property Law

By Puvanal Sri

Property Law encapsulates the creation and protection of property estates and interests over land. Estates in land comprise of permanent and temporary ownerships of estates.

Temporary ownership is where owners enjoy possession of their land for a limited time, which is also known as leases. Interest in land also includes property rights given to a third party, who would enjoy certain privileges on the land, via an option to purchase land or mortgages.

When it comes to the actual ownership of estates in land, more than one person is able to own a piece of land at the same time. The chapter governing the ownership of land by multiple owners is known as co-ownership. Co-ownership is when two or more people enjoy concurrent ownership of a piece of land. Owners may be related to each other or can be total strangers. For example, a property may be owned by siblings, friends, married couples, cohabiting couples, business partners, or even by investors. The current issue concerning this area of law deals with cohabiting couples: when the relationship breaks down, what happens if a cohabitee is sharing a property without having contributed towards the purchase of the said property or without having spoken about any respective ownership in that property? It is crucial to have a brief understanding of the existence of a trust before diving into such a cohabitation. Ownership of property generally involves ownership at law and ownership in equity. Accordingly, ownership of property comprises of ownership of the legal estate and equitable estate. The legal title is subject to a trust of land, which may be held by two or more people for themselves and/or any number of others on the equitable estate. This means that while the legal owner is the owner in equity, the owner in equity may not necessarily be the legal owner. This is a unique position in the UK.

Consequently, if cohabiting partners do not make any declaration as to their entitlement in a property and only one of the partners were to be named on the legal title, the challenge would then be how to determine each partner’s share in that property, especially since there is no statute governing such distribution in the event of a breakdown of a cohabitation. There are currently two methods to assist cohabiting parties in determining their share in such situations. Firstly, the cohabiting couple may expressly declare their beneficial interest in a written document. This is done by complying with the requirements set out in section 53(1)(b) of the Law of Property Act 1925, which is where the couple states how much of a share or interest each partner owns in the property. Once such declaration is made, it will be recorded in the title of the property and registered at the Land Registry. It is this declaration that the courts will refer to in the event the court is required to decide on the share each partner in the relationship is entitled to.

The second method deals with the problem when no written or express declaration is made on the share of each partner, leading to a dispute as to who owns how much of the property. This is because there is no statutory protection afforded to assist the couple in determining the amount of shares each of them will be entitled to when their relationship ends. It becomes more of a challenge for the partner who is not on the legal title, especially if they had spent money and effort in the said property, such as using their savings to renovate the property, spending money on landscaping, or even taking the time to look after the property and children from the relationship. On record, these partners are not registered as owners and therefore have no entitlement to any percentage of a share in the property.

In comparison, couples in a legal marriage do not have to concern themselves with expressly declaring their shares in the property, even in writing. In the event of a relationship breakdown, their shares will be distributed according to the Matrimonial Causes Act 1973. Each spouse has automatic spouse’ matrimonial home rights and will be entitled to a share in the property regardless of whether they had directly contributed towards the purchase of the property or indirectly contributed by maintaining the property and looking after their children’s expenses. This entitlement is not afforded to couples who choose to cohabitate. The only recourse available for cohabiting couples in the UK is to seek the assistance of the courts to determine their shares through a concept known as implied trust. As explained earlier, the ownership of property comprises of legal ownership and equitable ownership. The implied trust concept is where the courts award a certain amount of share in the equitable title to the partner who is not on the legal title of the property. Since the true owner of a property is the equitable owner, the legal owner will then be bound to hold the property on trust on behalf of themselves and their partner. This means that their co-ownership will consist of one legal title owner and two equitable title owners.

Over the years, courts have devised a mechanism to award equitable shares through implied trust, which consists of resulting trust and constructive trust. Constructive trust has become the most popular method for an aggrieved partner to claim a share in a property, and the courts have been fine-tuning the relevant guidelines and tests in effort to achieve justice for these aggrieved partners. Through constructive trust, courts may consider the parties’ whole course of dealings throughout their relationship in order to determine a fair share.

More recently, the decision of the Supreme Court in the case of Jones v Kernott (2011) has resulted in a new controversy as to the court’s application of this consideration. In that case, the Justices agreed that in the event there are no dealings between parties available for consideration, the courts themselves may determine a fair share on behalf of the claimant.

A Cohabitation Rights Bill was introduced in Parliament in 2020, while former Prime Minister David Cameron had proposed it twice. The Cohabitation Rights Bill aims to improve this situation by proposing changes in the law which will allow couples with children, or couples without children who have lived together for two or more years, the right to apply for a financial settlement. However, there have been no developments since.

This may be because there is recognition that it is difficult to replace the courts’ flexible mechanism of awarding a beneficial interest with a statutory scheme, especially in a situation where “one size does not fit all.” At the moment, it may be prudent for parties of a cohabiting relationship to take the time to write and re-write their intentions in black and white, as this will guarantee some form of certainty with regard to their ownership in a property.

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‘Life-Changing’ Public Law

Qhaiz — Tue, 22 Aug 2023 01:01:18 +0000

The first year of a UK Law Degree course is often described as ‘life-changing’. Many interesting “surprises” await those who take that bold first step into reading law. One such surprise comes in the form of Public Law. Public Law is a core subject in the first year of the UK Law Degree programme. It is mandatory not only to read Public Law but to obtain a ‘Pass’ for this subject. Public Law involves the study of a country’s constitutional and administrative laws. In the UK Law Degree context, this entails the study of British constitutional and administrative laws. Terms such as “constitutional” and “administrative” often cloud the mind of the first-year law student, causing an instant disconnect with the subject. Lacking any prior experience or encounters with constitutional and administrative matters, one can quickly and easily descend into disinterest. This read hopes to show that Public Law is not a collection of remote or “alien” concepts of law. Contrarily, it is possibly the most real, relatable and life-changing first-year law subject. To read constitutional and administrative law is to ponder on and understand the fundamental laws and principles on which a country is established and governed. This is rarely done by the average person in their regular day-to-day lives.

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‘Life-Changing’ Public Law

By Jayanthi Diana & Silas Low Eu Jin

Public Law involves the study of a country’s constitutional and administrative laws. In the UK Law Degree context, this entails the study of British constitutional and administrative laws. Terms such as “constitutional” and “administrative” often cloud the mind of the first-year law student, causing an instant disconnect with the subject. Lacking any prior experience or encounters with constitutional and administrative matters, one can quickly and easily descend into disinterest. This read hopes to show that Public Law is not a collection of remote or “alien” concepts of law. Contrarily, it is possibly the most real, relatable and life-changing first-year law subject.

To read constitutional and administrative law is to ponder on and understand the fundamental laws and principles on which a country is established and governed. This is rarely done by the average person in their regular day-to-day lives.

Public Law extends the invitation and opportunity to do so.

Constitutional and administrative laws of a country are usually codified and contained in a single constitutional document. Thus, for instance, to get to know Malaysian constitutional and administrative law, one would study the Federal Constitution of Malaysia, or the ‘Perlembagaan Persekutuan Malaysia’. The Constitution of a country embodies its supreme laws and reflects its identity as a nation. It is also the ultimate legal authority and point of reference. It shapes and dictates the tone of all other laws passed in the country. The Constitution is both the source and regulator of powers held by the State, while also stipulating the fundamental rights, freedoms and civil liberties of citizens. Such is the importance of a constitution that it is bewildering to live as citizens unaware or uninterested in constitutional law.

In the case of the UK, given its long history of monarchical rule, colonization, union between England, Wales, Northern Ireland and Scotland, and its recently terminated membership with the European Union, one would picture an extravagant document of constitution. What may come to mind is the image of a sizeable ancient document with miles of constitutional articles. This should spike the interest of the first-year UK Law Degree student immediately.

Yet, as one will soon discover, no such single constitutional document exists in the UK. Instead, most of the UK’s constitutional laws and materials have been established in the form of statutes, also known as ‘Acts of Parliament’. The UK also adheres to the constitutional doctrines of ‘Rule of Law’ and ‘Parliamentary Supremacy.’

A.V. Dicey, British jurist, constitutional theorist and author of the ‘Introduction to the Study of the Law of Constitution’ (1885), described these as the “twin pillars” on which the British Constitution rests. By these concepts, the British constitution professes supremacy of law and reflects that by holding its law-making institution sovereign. This is also to uphold the notion of democratic rule, since the Parliament is democratically elected in the UK. Judicial decisions referred to as ‘common law’ in the UK, also contribute to its collection of constitutional laws and principles. Customary constitutional norms and political practices, such as the process by which the Prime Minister of a country is appointed to office, also forms part of the uncodified and abstract British Constitution.

But perhaps, most controversially and yet unsurprisingly, the royal powers of the King, most of which have now been passed on to the Prime Minister, are a formidable component of the British Constitution.

One example of these royal powers is the power to claim foreign territories. This is a prerogative of the British monarch from time immemorial, and is presently exercised by the government on behalf of the King.

The Cuban Missile Crisis of 1962 led the British government to allow the United States of America to occupy Diego Garcia, one of the British Indian Ocean Territories held by the UK government through its royal prerogative. The nearby Chagos Islands, also part of the British Indian Ocean Territories was affected. The arrangement between the UK and the USA meant that the native inhabitants of the Chagos Islands too, had to be removed from their native land. Years later, the Home Secretary lifted the prohibition against resettlement on the Chagos Islands. However, having learnt that resettlement of former inhabitants on the Islands would be too costly for the British government and potentially precarious, the British government used its royal prerogative over territories, to issue a ‘Prerogative Order’ in 2004, to banish former inhabitants from the Chagos Islands once and for all, and prohibit them from ever occupying their home island again.

This led to one Mr. Bancoult, former native inhabitant of Chagos Islands, filing a court action against the British government, challenging the exercise of this prerogative power. The challenge was dismissed by a 3-2 majority, by the then highest Court of England, the House of Lords. The court held that the banishing order made pursuant to royal prerogative powers, was not an abuse of governmental power. Lord Bingham affirmed the strength and validity of these powers notwithstanding their impact on the former inhabitants of Chagos Islands. They are after all, “the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown”, per Dicey.

This decision of R (on application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2008] UKHL 61 was criticized by Mark Elliot as being “pyrrhic public law”. Elliot observed that the courts have an undeniable power and jurisdiction to determine the lawfulness of the exercise of prerogative powers and there was “nothing groundbreaking” about Bancoult’s argument that the prerogative to claim territories did not permit the banishing of entire populations from their native land. Elliot concluded that the majority in Bancoult “interprets English public law as offering a dismally modest check on the Executive’s extra-territorial exercise of prerogative power” and that “one more such victory could utterly undo British courts’ maintenance of the rule of law in colonial affairs.”

As the Bancoult (No. 2) case judgment demonstrates, Public Law plays a very real and important role not just in the life of a first-year law student, but society as a whole.

Reading Public Law awakens, alerts and forces a paradigm shift. It necessitates the kind of awareness and attention that may have seemed irrelevant or inapplicable before. The UK Public Law subject depicts how the features and components of the British Constitution and various constitutional events come together to form a fascinating congruous storyline about the constitution itself. It is a journey of getting to know the unique British Constitution, becoming affected by it and understanding how despite its complex nature, it serves and does not at the same time.

British Public Law is never without its shocking twists and turns and its fair share of paradoxes and wonder. As the many unexpected truths about the British Constitution unfold, the subject comes to life and prompts deep reflection on real-life concerns such as the power of government over citizens, civil liberties and the importance of an independent judiciary.

Soon enough, Public Law will cease to become a hugely theoretical and fictional experience but one that is very present, real and tangible. There is plenty of room for progress in maturity of thought, realization and unforgettable life-changing moments.

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What You Need To Know: The Life Of A Law Student

omprakash — Tue, 15 Aug 2023 02:36:14 +0000

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What You Need To Know

The Life Of A Law Student

We all have heard a little about what being a lawyer is like, be it through our family and friends who are in the field or through various shows like Lincoln Lawyer and Suits. The stories you have heard about the world of law can be the ones that are realistic or the ones that are sweetened up to favour your taste buds, the ones that make you think it’s all about laying the law on someone and the whole alpha like vibe that comes with it. We got news for you…that’s not all what law is about. If you are someone who is interested in law and would like to know a little more about preparing yourself with the right skills and knowledge for a career in the legal field, read on.

A Life of Academic Demands

Most lawyers whom you have seen or met at some point of your life have all gone through similar struggles in law school – the academic demands and the voluminous reading that comes with it. Law students are often required to read and understand. Due to this, students tend to get overwhelmed with what they are meant to read and memorise. The field of law is very dynamic in a sense where it involves the amendment of the old Law and the insertion and interpretation of new Laws. Students are required to keep themselves up to date with these changes that occur and at the same time studying their bulky syllabus. Apart from that, it is also important for law students to note that they should be able to write well and efficiently. Some of us tend to have writing habits without even realising them, but it is important they overcome them. As mentioned above, you need a set of skills acquired and polished when you are in law school.

A Life Of Extra Curricular Activities

Law school extracurricular activities are extremely important as they provide students with various opportunities in acquiring skills and knowledge that keeps them academically ready. Mock trials for example, help you harness the skills needed to excel as a litigation lawyer. Mock trials are simulated trials where students compete against each other in a staged courtroom setting. Competitive mock trials allow both teams to argue as the plaintiff and the defense, in a series of four rounds. Trials as such prepares students for court life, if that’s the chosen path. Getting involved in sporting activities is also important for law students. Not only does being active aid in keeping up with a healthy lifestyle, while striking a positive study-life balance, it also shows that you value teamwork, communication and the need to work together for a common goal. These are values and characteristics employers are always keeping an eye out for.

A Life Of Emotional Highs & Lows

The legal profession is not all butterflies and roses. Although it is a field that can induce stress due to its workload, it is a very rewarding career, as it involves a constant battle between understanding complex legal concepts and applying them to real-life situations. One moment, you may feel exhilarated when successfully arguing a case in mock trials, while the next moment, you may experience frustration when grappling with intricate legal principles. Despite the emotional ups and downs, studying Law ultimately provides a sense of fulfillment and accomplishment as you develop critical thinking skills and become equipped to make a positive impact in the field of justice.

A Life Of Constant Networking

If you are an extrovert and have zero issues in communication with someone you have never met, then you will do fine. While it is important to keep yourself busy with the studying and working aspect, networking is equally as important. Networking plays a vital part when it comes to your future employment, getting new cases and also increasing your exposure. In the field of Law, your knowledge and personality traits go hand in hand and will be the key to your success. Always remember, knowledge gets you far but networking gets you further.

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Unveiling the Power Couple: Why Law Graduates Should Choose an MBA in Corporate Law

Qhaiz — Wed, 02 Aug 2023 06:35:05 +0000

Picture this: a power-packed combo that infuses legal prowess with business savvy, creating career opportunities like never before. Law graduates, brace yourselves, as we give you six reasons you should pursue an MBA in Corporate Law.

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Unveiling the Power Couple: Why Law Graduates Should Choose an MBA in Corporate Law

Conquer the Corporate Jungle

Law graduates often find themselves at a crossroads, seeking ways to leap beyond traditional legal careers. An MBA in Corporate Law helps you comprehend intricate business frameworks and combine them with your legal expertise to navigate the corporate world with ease.

Unparalleled Problem Solving

Move over conventional problem-solving! Thanks to a little MBA magic, law graduates emerge as ultimate problem solvers, addressing business challenges from a 360-degree perspective. The fusion of legal intellect and business acumen arms you with creative solutions that transcend the norm and sets you apart.

Become a Corporate Consultant

As corporate consultants, law graduates with an MBA in Corporate Law can redefine their roles, becoming strategic advisors in corporate boardrooms. Your legal expertise blended with a profound understanding of corporate dynamics allows you to safeguard your clients’ interests while steering companies towards sustainable growth.

The In-House Legal Powerhouse

In-house legal counsel positions are the holy grail for many law graduates. Earn an MBA in Corporate Law and suddenly, you become the coveted “must-haves” for any firm. Armed with insights into both law and business, you will seamlessly transition into in-house corporate powerhouses, ensuring legal compliance and driving business success hand in hand.

Expand Your Entrepreneurial Horizons

Venturing into the world of entrepreneurship becomes a breeze with the MBA in Corporate Law as you’ll be able to leverage your legal expertise to navigate regulatory complexities while harnessing your MBA knowledge to steer startups towards triumph.

From Courtroom to Deal Room

With an MBA in Corporate Law, you can effortlessly transcend the confines of the courtroom, emerging as dealmakers extraordinaire. Mergers, acquisitions, and negotiations become your playground, where you orchestrate business deals with finesse.

As you can see, complementing your law degree with an MBA in Corporate Law unlocks a realm of endless possibilities. With your redefined problem-solving abilities, strategic acumen, and seamless transitions from courtrooms to boardrooms, you will leave an indelible mark on the business landscape. Find out more about the Veritas MBA in Corporate Law here https://www.veritas.edu.my/veritas/mba-in-corporate-law-odl/

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Behind English Property Law

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‘Life-Changing’ Public Law

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What You Need To Know: The Life Of A Law Student

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A Life of Academic Demands

A Life Of Extra Curricular Activities

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A Life Of Emotional Highs & Lows

A Life Of Constant Networking

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Unveiling the Power Couple: Why Law Graduates Should Choose an MBA in Corporate Law

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