Continuation from the previous post, and from the definition of Income Tax, that states that money that received in Malaysia but came from outside Malaysia are subjected to tax. The outside Malaysia term will fit in 'Foreign Source Income'. With effect from year 2004, individuals (again resident or non-resident) are assessable only on income accrued in and derived from Malaysia. This was an amendment made that any income that is made outside Malaysia is tax-free. But wait a minute? Is that possible. From the definition, and from Paragrah 28,Schedule 6 of ITA 1967, foreign source income is exempted from income tax.
However, with the term clearly defined, it still remain ambiguous at some point. The reason why as I put a scenario for you guys to think.
Mr J is a businessman from Malaysia and have been a Far-East representative for a company in US namely H. As a Far-East representative, his responsibility to do inspection and make report to the company H, via his expertise and experience in the industry. He is the only one in Malaysia that is working for H, and it had been going on since 2001 until now. All his money are paid from US and sent to Malaysia. With 2004 amendments on Foreign Source Income and by definition, he should be waived off from the tax.
But this remain untrue, as based on the true story and advise from accountants that audit his Income Tax stuffs, he is still entitled for the tax. And this may be the UGLY TRUTH, but I'm going to state to you guys. The reason is that, although the source is from Foreign, and it is subjected Mr J had to stay in US, just like if you are a Malaysian, have to stay for a certain period of time, only the income are not subject to tax.
This may seem funny, but I truly hope it can be debatable, but most auditors for Mr J had told the same thing. And this is a true story! Bite it and go!
Sunday, April 25, 2010
Wednesday, April 21, 2010
Doctrine of Utmost Good Faith
With lots of doctrine that our fellow lawyers have to know, and remember, we as the Business Law student should know it as well. In fact, the whole nation should be aware of this as this Doctrines are the one that is guiding us and helping us especially for human rights.
In insurance law, from the previous post, Doctrine of Utmost Good Faith is one of the most important element, not in other contracts, but solely on Insurance Contract. With the definition that, each party to a proposed contract is under a duty to disclose to the other all information which would influence his decision to enter into the contract, whether such information is requested or not.
AS simple as it is defines, it means a lot to make sure each and every word counts. In fact, good faith can be termed as genuine faith, and things that is genuine that is informed is to ensure trust from both parties. This is very important as the failure to fulfil or giving material information, will subject the other party to avoid the contract. As insurance contract are based on mutual trust, and with information definitely more well understood by each party, it is their job and responsibility to enlighten each other regarding it. The mutual trust and confidence bonding between the insured and the insurer can be termed as uberrimae fidei, the same meaning as utmost good faith.
A very important case of this can be adapted from the example of someone who had heart and lungs problem. However, though not disclosed in his life insurance, nothing happened until SARS strike through one day. The impact was heavy (as it is an acute pneumonia) causes the guy passed away due to it. And from the thorough inspection from the doctor with the report being given to the company, the company chose not to pay or compensate to the family because it is stated that the deceased did not notify that.
Thus, in this Doctrine, telling the right and actual information is very important. It is not like life that sometimes we can make assumptions, no, not a chance. And with that, do beware and keep your insurance agent knows everything bout you well.
In insurance law, from the previous post, Doctrine of Utmost Good Faith is one of the most important element, not in other contracts, but solely on Insurance Contract. With the definition that, each party to a proposed contract is under a duty to disclose to the other all information which would influence his decision to enter into the contract, whether such information is requested or not.
AS simple as it is defines, it means a lot to make sure each and every word counts. In fact, good faith can be termed as genuine faith, and things that is genuine that is informed is to ensure trust from both parties. This is very important as the failure to fulfil or giving material information, will subject the other party to avoid the contract. As insurance contract are based on mutual trust, and with information definitely more well understood by each party, it is their job and responsibility to enlighten each other regarding it. The mutual trust and confidence bonding between the insured and the insurer can be termed as uberrimae fidei, the same meaning as utmost good faith.
A very important case of this can be adapted from the example of someone who had heart and lungs problem. However, though not disclosed in his life insurance, nothing happened until SARS strike through one day. The impact was heavy (as it is an acute pneumonia) causes the guy passed away due to it. And from the thorough inspection from the doctor with the report being given to the company, the company chose not to pay or compensate to the family because it is stated that the deceased did not notify that.
Thus, in this Doctrine, telling the right and actual information is very important. It is not like life that sometimes we can make assumptions, no, not a chance. And with that, do beware and keep your insurance agent knows everything bout you well.
Tuesday, April 20, 2010
Caveat Emptor: Sales of Goods Law
Before continuing on the long Insurance Act case, let's bring back to one of the most important element in the chapter of Sales of Goods. As we can realise that each and every lessons that is learnt throughout the course, have something to be remembered.
As thus far, from
Contract Law, we have Doctrine of Stare Decisis,
Company Law, we have Doctrine of Separate Legal Entitiy
Insurance Law, we have Doctrine of Utmost Good Faith, and
in this context we have Doctrine of Caveat Emptor.
Taken from the Latin language, Caveat Emptor simply means ' Let the buyer Beware '.
How cool was that? But sound rather vague..but let me clarify some stuffs regarding it.
From Wikipedia explanation it goes like this,
"Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Before statutory law, the buyer had no warranty of the quality of goods. In many jurisdictions now, the law requires that goods must be of "merchantable quality". However, this implied warranty can be difficult to enforce and may not apply to all products. Hence, buyers are still advised to be cautious"
What does it mean is simply that, sellers should bear in mind the important elements of telling the truth. Of course, you and I know that in the real world, people will say that you won't earn money if you are telling the truth. But what let the buyer beware tells is that, the buyer should know the products and at some point, it is the seller's responsibility to ensure that the product is merchantable, or sell-able. This is essentially important, as many of us, can fall into a trap that this cases is actually a fraud or misrepresentation case. And as so many bad cases around the world, the only best method to counter this, is that, the buyer although guarded by this doctrine, should be smart and wise to choose and pick the right things, and know the right stuff.
And speculating on a small issue, let's put my name in this scenario, fictional but can happen.
Eric is eating in a Mamak Stall, and is having his sumptuous Nasi Kandar (wuallaa!). Having to savor his meal halfway, the waiter who served him earlier, walked to his side and wrote on the bill and placed it below the cup of his drink. Enjoying his food to the optimum, Eric did not flip the paper or bothered on the price? He is just too into the food. Great!!! And later after maximizing his marginal utility, he went to the counter wanting to pay before realising that the bill noted RM 15 ++.
Oh he goes, 'WOW, watha" and recalled what he just ate.
A plate of rice, with muttons and carry on top. No vege, no papadum, nothing extra. Just rice and mutton and curies. And what did he drink: Ice Tea.
In this situation, some people will just go, "S**t,we got cheated and this is very expensive, but never bother asking". And this is why a lot of stalls are taking advantage. But having listen to a talk by Prof. Dr. Ishak, from Sime Darby Corporate Culture Team, he shared that, this is all within our will to, simply, ASK. He said, "I know you guys ate the food, and the guy might be complaining that you taken a lot of mutton (which apparently is always taken by them), and all sort of reason. But the courtesy is still to ASK, to KNOW and to caution our RIGHTS".
Thus, in this scenario, don't be afraid to stand up, we are not picking up a fight, but just to ask and know, and if they usually charges that way, simply don't go and eat there anymore. But if not, you may stand in the chance of not paying that much.
As thus far, from
Contract Law, we have Doctrine of Stare Decisis,
Company Law, we have Doctrine of Separate Legal Entitiy
Insurance Law, we have Doctrine of Utmost Good Faith, and
in this context we have Doctrine of Caveat Emptor.
Taken from the Latin language, Caveat Emptor simply means ' Let the buyer Beware '.
How cool was that? But sound rather vague..but let me clarify some stuffs regarding it.
From Wikipedia explanation it goes like this,
"Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Before statutory law, the buyer had no warranty of the quality of goods. In many jurisdictions now, the law requires that goods must be of "merchantable quality". However, this implied warranty can be difficult to enforce and may not apply to all products. Hence, buyers are still advised to be cautious"
What does it mean is simply that, sellers should bear in mind the important elements of telling the truth. Of course, you and I know that in the real world, people will say that you won't earn money if you are telling the truth. But what let the buyer beware tells is that, the buyer should know the products and at some point, it is the seller's responsibility to ensure that the product is merchantable, or sell-able. This is essentially important, as many of us, can fall into a trap that this cases is actually a fraud or misrepresentation case. And as so many bad cases around the world, the only best method to counter this, is that, the buyer although guarded by this doctrine, should be smart and wise to choose and pick the right things, and know the right stuff.
And speculating on a small issue, let's put my name in this scenario, fictional but can happen.
Eric is eating in a Mamak Stall, and is having his sumptuous Nasi Kandar (wuallaa!). Having to savor his meal halfway, the waiter who served him earlier, walked to his side and wrote on the bill and placed it below the cup of his drink. Enjoying his food to the optimum, Eric did not flip the paper or bothered on the price? He is just too into the food. Great!!! And later after maximizing his marginal utility, he went to the counter wanting to pay before realising that the bill noted RM 15 ++.
Oh he goes, 'WOW, watha" and recalled what he just ate.
A plate of rice, with muttons and carry on top. No vege, no papadum, nothing extra. Just rice and mutton and curies. And what did he drink: Ice Tea.
In this situation, some people will just go, "S**t,we got cheated and this is very expensive, but never bother asking". And this is why a lot of stalls are taking advantage. But having listen to a talk by Prof. Dr. Ishak, from Sime Darby Corporate Culture Team, he shared that, this is all within our will to, simply, ASK. He said, "I know you guys ate the food, and the guy might be complaining that you taken a lot of mutton (which apparently is always taken by them), and all sort of reason. But the courtesy is still to ASK, to KNOW and to caution our RIGHTS".
Thus, in this scenario, don't be afraid to stand up, we are not picking up a fight, but just to ask and know, and if they usually charges that way, simply don't go and eat there anymore. But if not, you may stand in the chance of not paying that much.
Wednesday, March 31, 2010
MMU GameFest 2: Behind the Scenes
the Tags!
behind the scenes of Behind the Scenes!
What a better name to name the event Behind the Scenes, having the worker of this behind the scenes, writing to you what is truly behind the scenes.
As you guys know, over the weekend, Multimedia University's Game Developers' Club had organized their annual (although only the second one this year) event namely GameFest. GameFest is a series of game festival that had been the core idea ever since 2 years ago with the GDC optimistic leader, Mr. Lee Xing Yao. This brings out the first series of Gamefest with an explosive start after having to collaborate with Cyberview Lodge and AMD for the event called Cyberfusion!
Cyberfusion was the true hardcore gaming event with breaking the World's Longest LAN Party with 38 hours. However, with the theme, Behind the Scenes tag in GameFest 2, yes, this year promise to be different? But how different?
One of the main thing about gaming is that everybody just play and play, whether is PC Games, LAN Games, Console or NEG (non-electronic games), but not many of us know how's the process of making the wonderful graphics and strong audio effects there is. With technology growing faster and stronger exponentially, we play better games but never know how we get better out of it. Thus this event main idea is to enlighten all gamers to know who and what is working behind them.
The main attraction starts with Game Development, whereby in our two days event, there will be 2 competition going on and 4 talks that had been done. The 2 competition includes 3D Max Modeling competition and Flash Game Competition that in needs truly the hard work and talents. In our talk, we have iPhone Application Talk that teaches and showed the audience how iPhone addictive games is made. On the other hand, with Codemaster, Malaysia's biggest company in game development, taking all 3 talks in fields of Graphics, Audio and 3D Modeling, it was full with people on every 1 and half hour talk by the expertise. Game Development competition and talks is our first event that is done in Multimedia University by us, because previously, we usually go to Codemaster office and learnt. The upbringing of the competition had brought up lots of talents and lifted up another industry from gaming. With winners list as below, we truly want to congratulate and encourage them to continually pursue their dreams in this.
Flash Game Competition!
excellent right?
3D Max Modeling Competition!
Codemaster's Master Ivon Smith talk! hehe..
iPhone apps talk!
3D Max Modeling Competition
1.) Nurulain bt Mohd Rafie (MMU)
2.) Roy Tan (MMU)
3.)Mohd Ridhwan Bin Borha(Lim Kok Wing)
Flash Game Design Competition
1) Lim Huey Yee (the One Academy)
2) Khor ShuQi (MMU)
3) Lim Jia Hoe (MMU)
As always, in our game events, nothing is left out that than the E-Games section. This time, with much more proper planning and with me, doing my very last event in Multimedia University, we promised to make it better - and we DID! Starting from the initial plan, me (Assistant Director) and Gavin, the team leader of Malaysia's #1 CS1.6 team, Team LZ had a discussion to make things better. And with brainstorming session, we came up with a plan of doing what DreamHack Winter did back in Jonkoping Sweden that is none other than the Octagonal Shape structure for our competition. With that, our event become the first event to do such structure for LAN Games competition. Our E-Games section were divided into three with two islands with Hexagonal Shape and the middle one, with Octagonal Shape. DotA took the first Hexagonal shape and the event was truly explosive as nearly all the Pro Teams had came to give Game Development and our event a support. CS1.6 competition crowd is even stronger this time, with 19 teams participated. COD4 had only 14 teams participated but that 14 teams had probably the one that shook the whole Dewan Tun Canselor with their commando-strong-explosive shouts!
With E-Games on the first day competing strongly, DotA's participation of 20 teams are playing group stage just like CS1.6. The match is long and hectic and at the end of the day, 8 teams from DotA and 8 from CS were named. Teams from CS1.6, with regular faces of Gavin, Julian, Rico, Hix, Rezza, Amir, Aiman, Aidil, Tecky and many more were present to battle for one of the early events for CS arena. While DotA gave even stronger respond with superstar players like Yamateh, Mushi, Sakura, DJSharky, Xigz and etc battle it out for this event. The competition were wild and with DotA being won by MUFC.Fishnet using the new format of best of 2, they edged the superstar team of Nirvana.MY followed by Inc'xLo. On the other hand, COD players battled their way out with ESP.Panik overtaken SWL.Oskot. COOP.My was third.
DotA Team competing in the first day!
The Newly-Formed Ex-KS team:-in the middle, the iconic Yamateh!
Team Ne'ue's KingZ!
Team DiV's Anthony
This player we don't know really know the name..hehe..just joking WANRO!
nyHix from Team LZ in ZOWiE's booth!
Ash from DuskBin
And who said girls can't play game..give our hands and hail to [FTZ]Perri
Top View for COD players
CS Competition was the surprise for everyone, as first this is one of the few matches in Malaysia that play Group Stage and next, we weren't able to finish our final. As time do not allowed, the Finals of Team LZ (lead by Gavin) and Team SUPERHEROES (lead by Julian) will face off in Quas CC next weekend. However, new guns who make their first appearance in Dreamhack Malaysian Qualifier, the team of TYT combine by Aiman's did their best to stand on 2nd runner up!
With other games involved, such as Console Gaming, this promised to be even better with Need for Speed Shift competition and Street Fighter 4 competition was up. NFS winner goes to Kassim edging off only 3 seconds faster than his competitor, Lee. Even closer the third place winner goes to Fadli with only 1 secs lost of speed to Lee with 1 minute and 25 secs. The SF4 competition is one of the most gruelling event with a crowd of 50 people observing the Pros battle it out. The 3rd and 4th placing fights of Kevin Teh and Mohamad Dinie had bring up the crowd spirit as both were very competitive. Upon getting third for Dinie, the final began. Michael Cheng edged his rival Leong Teng Fai with lots of his combo and with crowds getting really wild on Michael's side, Leong, fought back hard and strong and brings the match to overtime. The match was exciting that Michael won it, with the crowd still asking for more. A good event run by the Console Gaming team by Aaron Tiw.
Console Gaming that never felt so consoling..
Board and Card games is one of the new genre in GDC where it is always hidden played by our committees. This time, bringing up on the field, the event was truly brought up by lots of great participants ever since the early morning. Right beside their booth was the debut of Special Interest Group competition in Multimedia University. Special interest group are special items or hobbies that is played by individuals and to name some that you guys should know, Yo-Yo and Rubik's cube. And to name some that you guys don't know, pen-twisting, cup stacking and dice stacking. The competition were truly intense as well in this place with kids (twins) battled it out with the old guns. The competition were really interesting as many of us may have not known such thing (I mean for myself).
young and talented? This is what I mean!
It doesn't care whether you are blind or deaf, if you are good, you are just that good!
Swift of hands to stackS!
Our event director, Stanley presenting to the Winners! Kaspersky Six Months Anti Virus Prog! Woot!
MSI that is never SHY!
Zowie's DEBUT!
With talents spreaded across our GrandHall, MMU was so TALENTFUL that day that make our event truly an happening one. Our sponsors like Maxis had been supporting us throughout the whole event, with MSI giving us their laptop for the showcase of our GameDev competition. With ZOWiE making their debut in events in Malaysia, we are delighted to have them being with us, to continue strive for excellence in gaming development. Thus in this post as well, we will truly like to thank all our sponsors namely Kaspersky, Master Genius, Sensonic, MPH, MCL, AVF, Cyberview, War.Mart, Garena, MyCNX, Sapura, SMM, TheComicsCorner, Borders', Auntie Anne, Boomz, Sushi King, Little Akiba, ESPGL, New Era, E-Club, Zowie, Black Mango for all the products sponsor.
Behind the Scene of our Closing
For media sponsors, we are more than happy that LZ E-sports had provided us with their live coverage through their Facebook and website. GameAxis who had been supporting our ads and publicity is truly thankful as well. Through out the whole event, most of the sponsors, are nothing but delighted with how we truly aspire to bring up the game development in Malaysia. Apart from that, that for every great events, the main supporting team, will be Multimedia University and definitely our dear President, Prof. Dr. Zaharin Yusoff for his support towards what we truly want.
Thursday, February 4, 2010
Updates
Hi guys, the updates that I mentioned from my previous post, do not worry, I'm still awaiting the respond from some reliable sources so that I can feed you guys back. So stay tuneD!
Children's Court
In Malaysia, we have an hierarchy of courts with different courts serving different purposes before going to the serious one on the top. One of the court that we have is Court for Children. It does not mean that children are running the lawyers and the judge, but logically, the court for children that did some crime.
The reason behind why we are using a children court is that, children are naive, immature and definitely wouldn't know much of the effect of what they have done, even in their adolescent. Thus, the Court for Children are for children below the age of 18. In the range of age below 18, children that commit crimes are given a chance that they might be a future leader, breaking from their past as it may not be their intention.
In the case that involved that was discussed in class is that a boy age of 12, had murdered the daughter of his teacher who is aged 11. The boy was found guilty after stabbing the girl 20 times with a sharp objects and slashing her 4 times. However, he was not sentenced to death. Alright, boo whatever you want and cursed whatever you want. As mentioned, this is not unfair, this is due to they may not know the consequences. Just like now, back when you are just 12 years old, will you know that making love with a girl, although you all are playing, and yet you did an intercourse with her (with her unwilling), is a rape? If you would have know that, do you wish to be granted the chance. Definitely yes, in fact, a life is definitely worth it, and you might think you can sacrifice your production and to continue living.
Back to the topic, it is consider unconstitutional law as it is different from the constitution. After much process, with court of appeal (before is the high court) until it reaches APEX or Federal Court. With the King's pleasure, the kid will be located somewhere, which we usually know is rehabiliation centre like St. Henry Gurney and etc. And we shall pray hard for their improvement in life. Probably you guys can blame the technology and the power of gaming, that caused this effect.
Back to the normal speculation process, so let's bring up a case. As we all know, celebrities are always blame of doing something they didn't do. In fact, toward man to man, they are never afraid. After all, making some payments and etc., or in fact, a good lawyer can give you a win. But when it comes to involving kids, "BOY, YOU ARE GONE!". Yes, yes, let's talk about Michael Jackson. The reason why I brought this things up, it may sound not related but I will let you know my point. Since after his death, the Legendary Pop singer who was accused and found guilty of child molestation, not one but a few. At the end of the day, those who said they are molested came upfront and admitted that, NO, MY DAD FORCED ME TO SAY, HE DIDN'T MOLEST ME.
So the point is like this, I'm a Junior to one guy called A. I'm his beloved son and one day, A was unhappy and having dispute with B. I also know B well, in fact he is like an uncle to me. Thus, A planned out a plot that involves me killing B unintentionally (add: with A not present). By the time B was found dead, with only me on the scene, I'm the only one convicted. With me, saying I don't know what happen and at the end of the day, I was found guilty and send for rehabiliation.
So does it mean that other than me, the other suspect like A who acted don't know, with all the blames on me escaping without having fur laying on his guilty hand?
The reason behind why we are using a children court is that, children are naive, immature and definitely wouldn't know much of the effect of what they have done, even in their adolescent. Thus, the Court for Children are for children below the age of 18. In the range of age below 18, children that commit crimes are given a chance that they might be a future leader, breaking from their past as it may not be their intention.
In the case that involved that was discussed in class is that a boy age of 12, had murdered the daughter of his teacher who is aged 11. The boy was found guilty after stabbing the girl 20 times with a sharp objects and slashing her 4 times. However, he was not sentenced to death. Alright, boo whatever you want and cursed whatever you want. As mentioned, this is not unfair, this is due to they may not know the consequences. Just like now, back when you are just 12 years old, will you know that making love with a girl, although you all are playing, and yet you did an intercourse with her (with her unwilling), is a rape? If you would have know that, do you wish to be granted the chance. Definitely yes, in fact, a life is definitely worth it, and you might think you can sacrifice your production and to continue living.
Back to the topic, it is consider unconstitutional law as it is different from the constitution. After much process, with court of appeal (before is the high court) until it reaches APEX or Federal Court. With the King's pleasure, the kid will be located somewhere, which we usually know is rehabiliation centre like St. Henry Gurney and etc. And we shall pray hard for their improvement in life. Probably you guys can blame the technology and the power of gaming, that caused this effect.
Back to the normal speculation process, so let's bring up a case. As we all know, celebrities are always blame of doing something they didn't do. In fact, toward man to man, they are never afraid. After all, making some payments and etc., or in fact, a good lawyer can give you a win. But when it comes to involving kids, "BOY, YOU ARE GONE!". Yes, yes, let's talk about Michael Jackson. The reason why I brought this things up, it may sound not related but I will let you know my point. Since after his death, the Legendary Pop singer who was accused and found guilty of child molestation, not one but a few. At the end of the day, those who said they are molested came upfront and admitted that, NO, MY DAD FORCED ME TO SAY, HE DIDN'T MOLEST ME.
So the point is like this, I'm a Junior to one guy called A. I'm his beloved son and one day, A was unhappy and having dispute with B. I also know B well, in fact he is like an uncle to me. Thus, A planned out a plot that involves me killing B unintentionally (add: with A not present). By the time B was found dead, with only me on the scene, I'm the only one convicted. With me, saying I don't know what happen and at the end of the day, I was found guilty and send for rehabiliation.
So does it mean that other than me, the other suspect like A who acted don't know, with all the blames on me escaping without having fur laying on his guilty hand?
Doctrine of Stare Decisis
The Doctrine of Stare Decisis is perhaps one of the most important studies in the field of law that was practise ever since from 1820s in the Supreme Court of England. In fact, from our lecturer, this is one of the most interesting area that cramps all the law students very much.
Adapted from Wikipedia,
And probably Stare Decisis is the one that makes law really hard, as they truly need to memorize and research a lot whenever they are going for a legal suit. And probably this makes two statements fairly accurate.
One will be by George Santayana, "Those who don't remember their history, are condemned to repeat the same mistake again".
Second, "The more research, just like any fields that you made, the more meticulous and trustable your information are".
Back to the topic, although Stare Decisis may meant that way, it is not as easy as is seem. Learning from my lecturer and also my law friends, not all the cases are the same and they varies, due to generation differences, technology and lots of evolvement. Thus, a lot of justification must be made as similar as possible to the case that is brought forward. But truly, it is not that easy, not just in pointing out the similarity, but to convince people that every information delivered makes hell of a sense.
So from there, we can see two things, the normal two things of advantages and disadvantages. The questioned that was brought up to me, that leaves me mumble something that I understand myself. From the positive point of view, it brings efficiency. Simply, you do not have to waste your time doing the same thing that was done earlier. In another word, REFERENCING. Apart from that will be the stability in law, that through either cultivation or cases from centuries ago, people know what is allowable and what is not. From the sources of Wiki Answers, "...to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to."
Although uniformity of law may be seem as both positive and negative. The negative sidepoint will be that uniformity shows that everything that happen will be the same, and there are no OTHERWISE! To rule autocratically is good, but democratically, it may seem absurb. Also, the expectability of the results may seem quite the same. Let's say there are so many cases of raping in Malaysia, and most of them will likely to get the same punishment, and out of probably thousand, only one exceptional case may happen. This simply leads to the restrictions of Judge to command and to open up to new debate. Why? Because let's say, if horizontally, most people will accept the results, but vertically, everyone might be thinking that, is that Judge trying to outrun the law of the Supreme Court, or getting some flashlight for himself. Thus this is not developing the study of law. And as time goes by, back to the 1800, the mentality of people are much different, with humans nowadays slightly more fabricated.
Thus, from that as usual, let's speculate some real case that is happening, in fact TODAY! Back in 1998, one of the Malaysia's most bizarre political scandal that involve the Deputy Prime Minister, accused and found guilty of sodomising a guy. Ten years later, after he was released from the prison of his act in 2004, he is once again being accused in the same story, with his personal assistant as well. For many of us, who knew the true story behind the court, many of us have regretted that incident, simply the media is making a truly bad name of the accused. However, this time, media are so broad and many are well informed that 1998 case may have some slippage of information. But decision have be made, so in 2010, with February 3rd the first day where their case begin, does it mean, it will be using Stare Decisis again?
Adapted from Wikipedia,
In fact, this Doctrine as mentioned by my lecturer is that, most British colonised country will probably practise this doctrine. The easier understanding of this doctrine is that, "judges are bound to follow the decision made by other judges before them in dealing with cases with similar facts, whether is horizontally or vertically". Horizontally applies whereby the decision is bounded by earlier judges with the same level as the one using it. Vertically is like a superior to subordinate, whereby the one practising now is folowing the decision from a higher court or superior court.Stare decisis (Latin: [ˈstaːre deːˈkiːsiːs], Anglicisation: [ˈsteɹɪ diˈsaɪsɪs]) is the legal principle by which judges are obliged to obey the precedents established by prior decisions. The words originate from the Latin phrase Stare decisis et non quieta movere, "Maintain what has been decided and do not alter that which has been established".
In the United States, which uses a common law system in its federal courts and most of its state courts, the Ninth Circuit Court of Appeals has stated:
Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et quieta non movere — "to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision. Nor is the doctrine stare dictis; it is not "to stand by or keep to what was said." Nor is the doctrine stare rationibus decidendi — "to keep to the rationes decidendi of past cases." Rather, under the doctrine of stare decisis a case is important only for what it decides — for the "what," not for the "why," and not for the "how." Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.
And probably Stare Decisis is the one that makes law really hard, as they truly need to memorize and research a lot whenever they are going for a legal suit. And probably this makes two statements fairly accurate.
One will be by George Santayana, "Those who don't remember their history, are condemned to repeat the same mistake again".
Second, "The more research, just like any fields that you made, the more meticulous and trustable your information are".
Back to the topic, although Stare Decisis may meant that way, it is not as easy as is seem. Learning from my lecturer and also my law friends, not all the cases are the same and they varies, due to generation differences, technology and lots of evolvement. Thus, a lot of justification must be made as similar as possible to the case that is brought forward. But truly, it is not that easy, not just in pointing out the similarity, but to convince people that every information delivered makes hell of a sense.
So from there, we can see two things, the normal two things of advantages and disadvantages. The questioned that was brought up to me, that leaves me mumble something that I understand myself. From the positive point of view, it brings efficiency. Simply, you do not have to waste your time doing the same thing that was done earlier. In another word, REFERENCING. Apart from that will be the stability in law, that through either cultivation or cases from centuries ago, people know what is allowable and what is not. From the sources of Wiki Answers, "...to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to."
Although uniformity of law may be seem as both positive and negative. The negative sidepoint will be that uniformity shows that everything that happen will be the same, and there are no OTHERWISE! To rule autocratically is good, but democratically, it may seem absurb. Also, the expectability of the results may seem quite the same. Let's say there are so many cases of raping in Malaysia, and most of them will likely to get the same punishment, and out of probably thousand, only one exceptional case may happen. This simply leads to the restrictions of Judge to command and to open up to new debate. Why? Because let's say, if horizontally, most people will accept the results, but vertically, everyone might be thinking that, is that Judge trying to outrun the law of the Supreme Court, or getting some flashlight for himself. Thus this is not developing the study of law. And as time goes by, back to the 1800, the mentality of people are much different, with humans nowadays slightly more fabricated.
Thus, from that as usual, let's speculate some real case that is happening, in fact TODAY! Back in 1998, one of the Malaysia's most bizarre political scandal that involve the Deputy Prime Minister, accused and found guilty of sodomising a guy. Ten years later, after he was released from the prison of his act in 2004, he is once again being accused in the same story, with his personal assistant as well. For many of us, who knew the true story behind the court, many of us have regretted that incident, simply the media is making a truly bad name of the accused. However, this time, media are so broad and many are well informed that 1998 case may have some slippage of information. But decision have be made, so in 2010, with February 3rd the first day where their case begin, does it mean, it will be using Stare Decisis again?
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