Law Articles Archives - Schlobal

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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Why are UK University Courses Better?

Qhaiz — Tue, 23 May 2023 08:22:55 +0000

When it comes to higher education, the United Kingdom has always been a popular destination for international students. There are many reasons why UK universities are considered better than other universities around the world. In this post, we will discuss the reasons why UK university courses are better and why you should choose to study in the UK.

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Why are UK University Courses Better?

Quality of Education

One of the most important factors that make UK university courses better is the quality of education. UK universities are known for providing high-quality education to their students. The teaching methods and course curriculum are designed to challenge the students and bring out the best in them. The professors and teachers are highly qualified and experienced, and they provide individual attention to each student. Moreover, the UK universities have a strong focus on research and innovation, which helps the students to develop their critical thinking and problem-solving skills.

Diverse Range of Courses

Another reason why UK university courses are better is the diverse range of courses available. UK universities offer a wide range of courses in various disciplines, from science and engineering to arts and humanities. This means that students have a greater choice when it comes to selecting a course that best suits their interests and career aspirations. Moreover, UK universities offer flexible study options, such as part-time courses and online learning, which makes it easier for students to balance their studies with work and other commitments.

Global Recognition

Finally, UK university courses are better because they are globally recognized. UK universities have a reputation for academic excellence, and their degrees are highly valued by employers around the world. Studying in the UK will provide you with the opportunity to gain an internationally recognized qualification that will enhance your career prospects. Moreover, UK universities have strong links with industry and business, which means that students have access to a wide range of job opportunities and work placements.

In conclusion, UK university courses are better because of the quality of education, the diverse range of courses available, and the global recognition of the degrees. Studying in the UK will provide you with an excellent education and open up many opportunities for your future career. If you are considering studying abroad, then the UK should definitely be on your list of options.

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What Should I Do After High School?

Qhaiz — Tue, 23 May 2023 08:22:44 +0000

After finishing high school, students are faced with a tough decision of what they should do next. Some may choose to enter the workforce, while others may choose to further their education. In this blog post, we will discuss the various options available to students after finishing high school.

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What Should I Do After High School?

Pursue Higher Education

One of the most popular options after high school is furthering one’s education. Students can choose to attend a college or university to pursue a degree in their desired field. Higher education opens up a wide range of opportunities, including higher-paying jobs and career advancement. Moreover, college is an excellent place to meet new people and make new connections that can help in the future. However, higher education can be expensive, and students need to consider the cost of tuition and other expenses before making a decision.

Enter the Workforce

Another option available to students after high school is entering the workforce. Students can start applying for jobs in their desired field or any other job that interests them. Entering the workforce after high school has its advantages, including gaining valuable work experience, earning money, and avoiding the expenses of higher education. However, students should be aware that some jobs require specific skills or qualifications, and they may need to pursue additional training or certifications to improve their chances of getting hired.

Take a Gap Year

A gap year is a year-long break that students take after high school to explore their interests or travel. Students can use this time to work, volunteer, or take a break before entering higher education or the workforce. A gap year can be beneficial for students who are unsure of what they want to do next or want to gain life experience before making a decision. However, students need to be aware that a gap year can be expensive, and they need to plan accordingly.

After high school, students have several options available to them. Pursuing higher education, entering the workforce, or taking a gap year are all excellent options, and students need to decide what is best for them. It’s important to consider the cost, benefits, and potential drawbacks of each option before making a decision. Whatever the choice may be, students need to remember that it’s okay to change their minds and switch paths if they feel like it’s not the right fit.

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Students Doubling As Political Interns

Qhaiz — Wed, 10 Aug 2022 09:37:49 +0000

Politics isn’t just for the politicians- check out how these students are making their political aspirations a reality.

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Students Doubling As Political Interns

You’ve probably come across young keyboard warriors angrily typing out political opinions in their comfortable echo chambers, but you will be surprised to find Malaysian students, in the midst of completing their studies, working in politics.

We interviewed two such individuals whose political aspirations drove them to work with their local MPs and ADUNs. Kyle, a fresh law and public relations graduate, began working in politics in his second year of law school. Karmun, on the other hand, an economics major, kick started her political ventures as soon as she completed A-Levels.

Owing to their experiences in politics, Kyle and Karmun along with a friend of theirs have founded an Instagram page called YPOLITICS where they churn out political, socioeconomic and other current affairs related content to raise awareness amongst the youth. They, along with their team of volunteer researchers, have gained a mass following in the span of just six months. Their ultimate goal is to ensure the youth movement in Malaysia is galvanized.

If you’re wondering what it’s like to be in politics, at a young age, keep reading to see what Kyle and Karmun had to say about their experiences!

What made you turn to politics during your degree?

Kyle: I think, because I have always wanted to contribute in my own ways to help build Malaysia, I was offered an internship with one of my local MPs and everything just start from there. Since I am in Law School, I was thinking working with an MP could actually help to increase my knowledge of the legislative process, and at the same time help him research on specific legislation.

Karmun: I did not ‘turn to politics’ during my degree. At the age of 16, I had to keep up to date with global political news to engage with my dad. However, since young, I was told not to venture into politics, especially in Malaysia. In 2019, I had 3 months to spare upon completion of my A-levels and I decided to apply as an intern with YB Lim Yi Wei to challenge my dad. Besides wanting to ‘challenge” my dad, I came into this internship eager to look behind the roles politicians play in running our communities.

Is politics in the cards for your future?

Kyle: Working with my local MP was an eye-opening experience. I realized that being in politics is not just about the position in power. I am open to working in politics in the future, but if I were to join politics, it is better for me to have a certain amount of experience working outside the political scene, and to be financially stable first.

Do you think more young students/fresh grads should consider a political career?

Karmun: If you find yourself fascinated by politics, and have interest in serving and representing the people, yes go for it. Politics at its core, especially in a democracy like ours, is about representing the will of people, and representation can be done regardless of age, as long as the people choose you. If you have a good head on your shoulders, the rest can be learnt. With all that being said, keep this in mind – you don’t have to run as a candidate to participate in politics.

Has your degree background helped in your political ventures?

Kyle: As I am both a Public Relations degree holder, and a law graduate, it definitely contributed to my political ventures in a way. My public relations background helped me deal with press statements and also crisis management, my law degree on the other hand gave me the confidence to look at legislative matters from a legal perspective, and not just through the socioeconomic perspective.

Any tips for those thinking about trying their hand in politics?

Karmun: Write to your district representatives or any politician you look up to, and enquire about internship programmes first. This will provide you with exposure to district and legislative operations and help determine if you want to pursue a political career. Here is my favourite quote from Barack Obama, “Change will not come if we wait for some other person or if we wait for some other time. We are the ones we have been waiting for. We are the change that we seek.”

Kyle and Karmun have shown us that it is very possible to expand our horizons by pursuing political undertakings whilst studying. It won’t be a walk in the park, but if politics is something that intrigues you, starting now when you’re young and driven (most of the time, anyway), would be most ideal.

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Law Articles Archives - Schlobal

Conflict of Laws

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The Law of Evidence

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Common Law Reasoning

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.

Relevance of Common Law Reasoning

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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Why are UK University Courses Better?

Quality of Education

Diverse Range of Courses

Global Recognition

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What Should I Do After High School?

Pursue Higher Education

Enter the Workforce

Take a Gap Year

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Students Doubling As Political Interns

What made you turn to politics during your degree?

Is politics in the cards for your future?

Do you think more young students/fresh grads should consider a political career?

Has your degree background helped in your political ventures?

Any tips for those thinking about trying their hand in politics?