Ethics can be separated into two categories, namely compliance and value. Compliance ethics emphasizes on following the law where individuals’ behaviour requirements are influenced by rewards and sanctions, while value ethics emphasizes on inspiring principles that people are expected to have such as integrity and fairness (Paine 1994). However, there can be cases where it is legal, but unethical. An example of this is from the case where Dr Susan Lim overcharged a Brunei royalty for her fees (Ho 2013). This is a legal but unethical issue.
Sample multiple-choice questions for the English Legal System module for LLB open learning 1. Which of the statements below most accurately reflects the constitutional position between the legislature and the judiciary: a) Parliament encourages the judiciary to make law through the process of statutory interpretation because it does not have enough parliamentary time to enact laws itself. b) Parliament is the supreme lawmaking body and the role of the judiciary is to interpret and apply law made by Parliament. c) The judiciary considers itself a primary lawmaking body equal to Parliament. d) It is the role of the judiciary, when interpreting statutes, to fill in the gaps in the statutes.
Traditional litigation system A traditional litigation system refers to dispute resolution through utilizing a civil court system. This system has a basis on an adversarial justice system whereby attorneys have an obligation of representing their clients within the bound laws and canons of professional responsibility. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules which are formal. Alternative dispute resolution (ADR) is a process whereby parties involved in a dispute decide to resolve their own disputes without going to court. The main reason behind this form of dispute resolution is to save on court expenses as it is considered cheaper compared to traditional litigation systems (What is the meaning of Traditional litigation system n.d).
The steps to becoming an Attorney Jamall D. Okoegwale Comm. 112 10/18/11 Joseph Becker The steps to becoming an Attorney Today, there are more people in law school than there are actual practicing attorneys. The steps to becoming an attorney are rigorous. When a person decides he or she wants to become an attorney, a process starts long before one ever enters law school. The first unofficial step towards a career in practicing law begins with ones prep work in high school.
This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The substantive interpretation holds that the rule of law intrinsically protects some or all individual rights. The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the "rule of man. "[28] According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". [28] Upholding the rule of law can sometimes
In ‘The Concept of the Political’ we are informed by the very first sentence ‘the concept of the state presupposes the concept of the political’, his decision to firstly note the importance of defining the political can be linked to his legal training, having dealt with lawyers. For Schmitt the state defines the political, and the political is defined by his distinction of friend and enemy. This antagonism between friend and enemy is uses to suggest the impossibility of perpetual peace, and political actions can be distinguished via this antagonism. The enemy is not ones moral enemy, the enemy is ‘the other’. Important for Schmitt’s, is that one understands that today’s enemy could be tomorrows friend, thus there is no internal enemy.
In the civil system of courts the parties are also adverse to each other, however instead of arguing against each other, each party provides the evidence to the judge whom will then ask the questions and from there may decide the outcome of the case. These processes are known as inquisitorial due to the nature of the ‘inquisition’ by the judge. Controversy has arisen as to which system of trial provides society with the favoured ‘justice.’ It has been argued that the adversary system is favoured over the inquisitorial system as the personal biases of a judge in the conduct of a case are less obvious. Many people claim that such a system does not achieve justice, as juries, in particular, can be convinced by the quality of the barristers’ legal arguments, rather than actual evidence. Alternatively, the inquisitorial system may be said to provide better justice in that a judge has a broader range of possibilities to ask wider and deeper questions, and can therefore gather information that the parties did not intend to expose.
The role of the executive ‘..includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state. The judiciary is made up mainly of professional judges, and their main function is ‘to determine disputed questions of fact and law in accordance with the law laid down by Parliament and expounded by the courts and ..is exercised mainly in the civil and criminal courts.' The question which now arises is whether or not there should be a strict separation of each of the above functions. Locke stated: ..it may be too great a temptation to human frailty..for the same persons who have the power of making laws, to have also their hands the power to execute them, whereby
Judicial Creativity Under the theory of separation of power, Parliament makes UK law while the role of judges is to apply the law to the cases. However, in reality, do judges make/develop the law? Like Lord Radcliffe said in 1968 “there was never a more sterile controversy than upon the question whether a judge makes law. Of course, he does. How can he help it?” Judges in the UK do develop the law through both the operation of the doctrine of judicial precedent and statutory interpretation.
Consider what is meant by justice. Discuss whether English Law achieves or fails to achieve justice Justice is an entirely subjective concept, largely depending on political affiliation, and previous experience of the legal system. Similarly to law, there is a vast amount of documentation providing different definitions and different theories of justice but is best described as what one believes to be the fairest course of action for both parties. In order to achieve justice, countries institute a legal system of some sort. Sir John Salmond defined law as “a body of principles recognized and applied by the state in the administration of justice”.