Tuesday, March 23, 2010

CRIMINAL


A criminal defense attorney is a lawyer that defends a person or persons when they are accused of breaking the law. There are multiple types of criminal attorneys ranging from murder to internet fraud to DWI (driving while intoxicated). Criminal defense attorneys negotiate with prosecuting attorneys and do their best to get the kind of sentence that best benefits their client in a rehabilitative sense to avoid more conflict upon his or her release. Criminal defense lawyers also hire investigators to research the charges and testify on behalf of the defendant against witnesses who may have testified in a less truthful manner.

Federal criminal defense lawyers defend suspects in federal cases in federal courts. Federal court processes are similar to state court process except that federal situations can be more costly and difficult to defend due to the caliber of prosecuting attorney. There are federal defense offices with the appropriate attorneys available for persons unable to secure proper representation. Federal defense cases are specialized cases that require experience with the federal legal system and experience with grand juries. Persons involved with federal investigation usually get a "target" (the person being investigated, or whom the authorities have the evidence against) letter or a "subject" (person who had behavior around the "target" of the investigation) letter. Federal criminal defense attorneys must be familiar with the sentencing guidelines so that they can properly advise their clients as to what will happen to them if convicted.

DUI defense attorney works in a specialty area of law. Drunk driving defense lawyers require specialized knowledge of scientific data concerning the influence of alcohol on a person, anatomy and biochemistry as well as knowledge of evidence procedures, search and seizure, legal counsel requirements, and interrogation procedures. The procedures and operation of testing equipment such as breathalyzers and hospital equipment are also necessary.

Sexual abuse criminal defense attorneys defend men and women who are arrested on suspicions and evidence of sexual misconduct with children or adults. These sexual assault defense attorneys have their work cut out for them in that sexual charges are difficult to fight in court. It is believed that when a charge of sexual misconduct is heard most people convict without hearing all the evidence. Defense attorneys of sexual predators take an aggressive stance in the courtroom to make the charges brought about by the prosecutors look blown out of proportion or unfounded. Some defense attorneys are reluctant to take on clients with sexual charges against them as they fear it may diminish their reputation. Defense attorneys of persons charged with sexual harassment, sexual assault or sexual misconduct with a child find it difficult to get good legal representation in some cases and so therefore there are sexual assault criminal defense attorneys who make it a mission to help people who otherwise might be discriminated against in a court of law.

Short of expectations

People sometimes complain that they are given the run-around by the insurers. In most cases, what the insurers offer may fall short of the expectations of the aggrieved party.

Where there has been a prosecution in court, the notes of evidence should be obtained where available. These would provide further evidence and assistance in the prosecution of a civil claim. Whether it has a positive or negative effect is a separate matter.

In the past, such matters might drag on in court for many years. In the end, many matters got settled because the other party had reached a stage where the matter could not be further delayed and the aggrieved party was also exhausted.

When this scenario is looked at, it is difficult to see how and where the law is at fault. The delay could be caused by delays encountered in obtaining the documents and the attitude of all parties involved.

Therefore, rather than change the system and the laws, it would be beneficial to take a critical examination of who was the cause of the delay, and why.

As the courts have begun to dispose of cases at a speed never seen before, delay by the courts is no longer a factor. If there are delays and difficulties in obtaining the documents, this can only be attributed to obstacles in the relevant departments.

All this leads to the conclusion that the administration of justice depends on the administrative machinery and not on laws alone.

This is well described by Warren E. Burger in an address to the American Bar Association: “Ideas, ideals and great conceptions are vital to a system of justice, but it must have, more than that – there must be delivery and execution. Concepts of justice must have hands and feet or they remain sterile abstractions. The hands and feet we need are efficient means and methods to carry out justice in every case in the shortest possible time and at the lowest possible costs”.

FAMILY LAW


Family law attorneys deal specifically with laws having to do with family matters. There are multiple facets to each instance of representation required and knowledge of individuals and their family histories are necessary. Family law lawyers must interview each family member involved, or mediate for families so agreements can be made in an amiable or restructuring way.

The most common family law attorneys are the divorce lawyers, but other aspects of family law are represented as well. Child support claims and those stipulations, custody and who gets custody, visitation and length of visitation. Adoption proceedings, who can adopt, the rights of fathers, mothers, and the different statutes of each state, paternity and how it is determined, domestic abuse charges, who was abused, spousal abuse, child abuse, sexual abuse and the court's rulings, annulments of marriages and what are considered voidable marriages, are all represented by the family law attorney. How these cases are decided by the courts and for what reasons are determined by the knowledge and representation of the family law attorney.

Insurance claims

There is on-going discussion about the plan to revamp the motor insurance claims scenario and perhaps establish a no-fault claims procedure or such similar scheme.

The existing grievances centre around the difficulties and delays faced by a person who has suffered personal injuries or property damage as a result of a motor accident and wants to claim against the other party who is at fault.

To start with, it is said that the other party seldom responds to the initial demand of the aggrieved party. Otherwise the aggrieved party may be referred to the insurers who will ask for details of what is to be claimed and the basis for such claim.

If the other party is identified or otherwise known, such party may provide the necessary information about himself and his insurers to the aggrieved party. Otherwise if only the number of the vehicle is known, the aggrieved party will have to obtain the information from the relevant department.

The aggrieved party will also have to obtain the police reports, sketch plan and details of any prosecution instituted against the other party, and the outcome of the prosecution, if available.

Nature of law

One may think that by enacting a new law or amending an existing one, all difficulties and obstacles will be removed and everything will proceed smoothly. But this is often not the case because no Act or Enactment can provide a complete answer to a specific situation.

As stated by Oliver Wendell Holmes in The Common Law: “The standards of the law are standards of general application. The law takes no account of the infinite varieties of temperament, intellect, and education which make the internal character of a given act so different in different men. It does not attempt to see men as God sees them”.

The incomplete nature of law is also reflected in the words of Plato in Politicus: “Law can never issue an injunction binding on all which really embodies what is best for each; it cannot prescribe with perfect accuracy what is good and right for each member of the community at any one time. The differences of human personality, the variety of men’s activities and the inevitable unsettlement attending all human experience make it impossible for any Act whatsoever to issue unqualified rules holding good on all questions at all times”.

It is for this reason that the existence of laws, however complete and all-embracing, is not enough. It is the utilisation of these laws by the judges who adjudicate disputes in the context of the factual and sometimes contractual matrix that the desired end result is to be obtained.

Yet when difficulties are encountered in establishing and enforcing rights, there is often a tendency to blame the law for its inadequacy, and ask for a change in the law. An example of this is claims arising out of personal injuries or damages in which insurance companies are involved.

The administration of justice does not depend on laws alone. The administrative machinery plays a crucial role, too.

IT IS often felt that many difficulties and problems that are encountered are caused by inadequate or outdated laws.

Thus it comes as music to the ears when a high-ranking official says that all laws that impede business growth and development are being looked into. Even Aristotle once said that when laws had been written down, they ought not to always remain unaltered.

Whilst it is desirable to review, repeal or amend laws that are no longer relevant, such action is no guarantee that the difficulties faced earlier can be avoided in future.

Sunday, March 21, 2010

Are girls smarter than boys?

IS the education system more suited to the learning style of girls? Is that why boys are lagging behind girls in public examinations and why boys are outnumbered at public universities?

No, says Malaysian Qualifications Agency (MQA) chief executive officer Datuk Dr Syed Ahmad Hussein.

Syed Ahmad says it is not a gender-based problem but rather a sociological one.

"It is a recent phenomenon as it was not a problem 10 years ago. What it is, I'm not sure. It needs to be studied. Maybe Malaysian boys are spoilt and get away with many things, including not studying hard.

"It is possible that girls perform better in an exam-oriented system but that does not mean girls would not perform as well in an alternative system."

He says some people suggest that boys perform better in a hands-on learning environment rather than one which requires a lot of memorisation.


However, says Syed Ahmad: "The results might be the same if the system is changed. I still hold to the position that we should have an education system that prescribes lifelong learning.

"There should be enough channels for people to return to a formal education system whenever they want.

"We should not be obsessed with having an equal number of boys and girls in the top 10. We should be obsessed with every Malaysian having continuous opportunities to continue their education whenever they want."

Malaysian Association of Private Colleges and Universities (Mapcu) president Dr Parmjit Singh says while there was absolutely nothing wrong with girls doing better than boys, it was important to recognise why boys were not doing as well as the girls.

"It is common knowledge among parents of young children that the learning process that the boys are adapted to is quite different from that of girls.

"What is critical and crucial now is to have an education process that lends itself to the way both boys and girls learn and to bring out the best in them. Even in higher education, we see some differences in the way boys and girls learn."

He says if the disparity continued to persist, it would mean the nation would not get the best out of the boys.

"The education system should align itself to suit the learning patterns of both boys and girls."

Parmjit says anyone taking a cursory look at any classroom today would see boys being restless and bored.


"It's the boys' behavioural patterns, make-up and learning patterns. For example, when you buy something new, a boy will not be patient enough to look at the instructions.


"He will fiddle around with it until he finds out how it works. They are more experimental and hands-on.

"Girls have a tendency to not experiment so much. They will look at the instruction booklet or ask their peers.

"These are just the ways people learn. To get them to learn, the learning process has to adapt to the learning needs of both boys and girls."

MQA deputy chief executive officer Prof Zita Mohd Fahmi, however, feels there is nothing wrong with the education system.

"I think girls are very hardworking. When I was the dean of a law school, the female students' scores at the point of entry were already better than the males.

"This is not an issue isolated to Malaysia. I don't think there is anything wrong with the education system. I think in the Asian context, parents are more lenient with boys.

"I have two sons and two daughters and I find the girls' approach to life is different. But maybe the school environment should be more conducive and cater to the needs of both genders."

Academician Professor Emeritus Tan Sri Khoo Kay Kim agrees that the problem is not with the education system.

"If you look at the culture of the people, in particular Malays and Indians, Malay and Indian girls are not allowed that much freedom compared with Chinese girls.

"Due to that, the girls tend to give more attention to their studies while the boys are running wild.

"Chinese boys have that something extra which is helpful to them. They believe that if you succeed in education, you will become a successful person in life, although empirical evidence shows that most of the successful businessmen in Malaysia had very little education."

Khoo says parents and teachers have an integral role to play in this regard.

"We cannot just look at the schools. Parents on the whole are very ignorant. Many have old-fashioned ideas and feel that if their child chooses to do history and geography, they will not be able to get employed.

"But the truth is, most of those who are unemployed are science graduates. One example are IT (information technology) graduates.

"How many successful people were straight A students in the past?



"Teachers must always try to recognise the talent in a particular child. They must recognise what the child is able to do best and then help the child develop his or her talent.

"Now, they treat all the children as one child. This was not the way of teachers in the past."


It's all in the head actually

GIRLS perform better in school and university because their brains are "wired" differently.

Help University College's head of psychology and senior lecturer Kenneth Phun says boys and girls do not have the same type of brain.

Phun says all one needs to do is look at the corpus callosum.

"This bunch of nerves is the highway between the left and right brain. It coordinates both hemispheres of the brain and helps both sides coordinate movement and data.

"Brain researchers have found that the corpus callosum is thicker in girls and this suggests that girls are better at multi-tasking."

There is also the arcuate fasciculus which are the nerves in the central nervous system.

"These nerves develop earlier in girls. They, therefore, develop the speech capability faster. That is why females speak in sentences earlier than males.

"The Broca's area is also more active in females. This is the motor area for speech that processes grammatical structures and word production."

He says for boys, the right hemisphere of the brain is more dominant.

"Therefore, they work better on abstract problems. This enables them to be better at spatial relationships like reading maps, measuring and simple things like parking.

For females, the left hemisphere is more developed. "This helps them listen and communicate better as well as perform better at language-based learning, which is the learning that happens in school."

Phun says it was, therefore, important to recognise brain-based gender differences in learning.

"How boys and girls handle emotions is different and this also affects learning. Girls process their emotions in the upper part of the brain called the frontal lobe which is also known as the executive decision maker of the brain.

"This is the logical part of the brain and helps girls verbalise their emotive information better."

On the other hand, the same process takes a very long time for boys.

"It can take hours to process the same emotions that girls are going through.

"Since boys can't process the emotional distress as fast as girls, they end up holding these negative emotions longer than girls.

"And since the emotional distress is processed in the lower part of the brain for boys, namely in the amygdala (which is the early warning system for the brain), and the brain stem, the tendency is for him to react in a more aggressive manner or to go to the other extreme and withdraw -- called the fight or flight response."

He said when it comes to language-based learning, teachers should educate boys through movement-based games because boys are very physical.

Assignment Group Question 2

Due to the rampant robbery in which the robbers used ski masks to cover their faces, the Cyberjaya Authority issued a regulation that makes it illegal to sell ski masks. As a safety measure, the rule also makes it illegal for anyone to offer for sale the ski masks. In spite of this, Messy has not cleared the ski masks from the shelves of his sport equipment shop in Cyberia. The authority officials came to know about this and later on charged Messy under the new regulation. Advise Messy according to Contract Act 1950 and relevant decided case(s).

Messy still sell the ski mask by not knowing the authority already make a new rule to not sell the ski mask. This case happened because the same ski mask is used by robber to rob at cyberjaya. Messy then is charged by the authority for not cleared the ski mask from the shop. according to this fact, Messy sure offend the authority because not follow the new rule. but there is no acceptance and offer make by Messy though. Messy only display the ski mask. and did not manage to sell it at that time. no customer are asking for that ski mask. Based on Fisher vs Bell case, the display item without price tag is not an offer but is an invitation top treat. So Messy have done nothing wrong by just display the ski mask


Determine Geena’s liability: civil or criminal?
-she done two cases which are liable under civil and criminal law. When she stealing people money into her account she is liable under civil law. While she using a fake passport she is found liable under criminal law.

What law(s) and statutes you think Geena has violated?
-under the Passport Act 1966, the malaysian passport is issued to all citizen in malaysia to indentify citizen status at time. Geena fake her identity by using fake passport. so she offended the Passport Act 1966

WHAT DO YOU THINK?



Is Ryan liable under civil or criminal law?
-criminal law

Should this case go to court, what will be Ryan’s right?
-yes because he crashing innocent people into damage and breaking the state law.. ryan can handed a consideration letter to the courts to minimize his punishment.

What should the pedestrian do to recover his injuries/loss?
-sue ryan to claim for his or her injuries that is caused by ryan.