LAWHORSE

 'This movie analysis has spoilers' As a legal enthusiast, I reminded myself to read and watch the classics before I can comment or critic in any of the current legal situations. For a start, I watched this famous movie [have not read the book yet] and decided to write down my reflection after watching it based on two forms; First, reflecting on legal basis. Second, reflecting overall in life. [Socio-Politic-Economy] I would like to divide this movie reflection into two.  Overall Reflection  This movie was based on Harper Lee's 1960 novel 'To Kill a Mocking Bird. Some backstory about the author is that, his father was a lawyer and he has defended two negroes on murdering a white shopkeeper.    The movie starts with Scott (Jean Louis Finch) a girl and daughter of Mr Finch (The lawyer) and her brother Jem living in the hot Maycomb, Alabama. The story is narrated by grown Scott as a voiceover. They hear about a man named Boo, who eats rabbits and cockroaches, ugly ...

  CASE REVIEW ON CONSTITUTIONAL LAW SURAINI KEMPE & ORS v. KERAJAAN MALAYSIA & ORS HIGH COURT MALAYA, KUALA LUMPUR AKHTAR TAHIR J [ORIGINATING SUMMONS NO: WA-24NCVC-2356-12-2020] 27 SEPTEMBER 2021 [2021] CLJ JT(12) In Physics; Dispersion of Light by Prism In Legal Terms; Prismatic Interpretive Approach BACKGROUND FACTS  The President of the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) is the first plaintiff, followed by mothers who are Malaysian citizens are second to the seventh plaintiff. The defendants consisted of the Government of Malaysia, the Minister of Home Affairs and the Director-General of the National Registration Department.  The case is about the plaintiff seeking a declaration on the impugned law regarding children born out of the Federation, to mothers who are Malaysian citizens, to be conferred citizenship by operation of law. Registration Department.  The said impugned law refers to art. 14...

CASE REVIEW ON CONSTITUTIONAL LAW. KETHEESWARAN KANAGARATNAM & ANOR v. PP [2021] 9 CLJ    HIGH COURT MALAYA, KLANG AZMI ABDULLAH J [NOTICE OF MOTION NO: BL-44-6-09-2020] 3 JUNE 2021   FACTS The applicants are Anmuni Maria, Yani Tri Anda and Fransisaka [Migrants]. Applicants are charged under s. 12 of Anti-Trafficking In Persons And Anti-Smuggling Of Migrants Act 2007. Offence of trafficking in persons s.12. Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine. The prosecution delivered on the applicants as part of the evidence for the prosecution pursuant to s.51A Criminal Procedure Code Act 593. Delivery of certain documents 51a. (1) The prosecution shall before the commencement of the trial deliver to the accused the following documents: (c) a written statement of facts favourable to th...

B . ISSUE OF SEPARABILITY PRINCIPLE Article 18.2(a)&(b) AA 2005 (ACT 646) It is analogous to;  Section 7 Arbitration Act 1996 UK Article 16.1 Arbitration Act 1996 New Zealand Generally remodelled or is a restatement after the parent provision  Article 16 of the UNCITRAL Model Law Again from his book, I learned the PRINCIPLE OF SEPARABILITY that; Separability is the an arbitration clause considered as an separate agreement, detached from the main contract, therefore treated as an agreement independent of other terms of the contract. If the arbitration clause lacks autonomy, then there is no reason why Arbitral Tribunal should follow rest of the contract.  If the arbitration clause is autonomous, it has a life on its own. Therefore, it has to be treated as an agreement and will not be affected by possible nullity of the contract to which it belongs.  The arbitration clause survives the demise of the main contract then constitutes the necessary agreement of th...

As an introductory statement, pursuant to Section 18 of the Malaysian Arbitration Act 2005 which corresponds to Article 16 of the UNCITRAL Model Law, without any derogation. Section 18 covers ONLY three (3) issues;  Issue of addressing the Arbitral Tribunal's power to make a determination as to its own jurisdiction to deal with the substantive claim in dispute Issue of addressing the separability principle, pursuant to which an arbitration clause forms a part of a contract is to be treated as an independent and separate contract.  Issue of addressing the court's power to review jurisdictional decisions rendered by arbitral tribunals in the preliminary phase of the proceedings. 1. ISSUE OF ARBITRAL TRIBUNAL HAS ITS OWN JURISDICTION TO DEAL MERITS  According to Professor Dr. Sundra Rajoo in his book UNCITRAL Model Law & Arbitration Rules, Page 292 ;  Section 18.1 of the Malaysian Arbitration Act 2005 provides for the doctrine of  ' competence-competence...

I came through an article under the search scope of the oral hearing in international commercial arbitration and I decide to analysize it alongside with the Malaysian Laws. The main key point of the article was, does international arbitration allows for a ' Right to Physical Hearing '. In this similar vein let us compare the available Malaysian Jurisdiction with the Model Law (Parent Act) UNCITRAL Model Law for International Commercial Arbitration.  In Malaysian Jurisdictions;  Section 26.1 of Malaysian Arbitration Act 2005 Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or oral arguments, or whether the proceedings shall be conducted on the basis of documents and other materials. Section 26.2 Malaysian Arbitration Act 2005  Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall upon the application of any party hold oral hearings at an appropriat...

 Would you believe me if I say I woke up to this case?  19-Yr-Old MP Tribal Girl Thrashed by Kin, Hung from Tree; 4 Held  Read the Full Article here   As usual, after waking up, I scrolled through Twitter, to find the latest news. Writer @Eepaa tweeted how men were afraid of women because they were physically different and strong than men to collect food for survival. Then men dominated women for survival. I am not writing of feminism; as a lady; am disheartened to hear the reality of certain men who still couldn't understand or were adamantly unwilling to understand the ultimate truth.  Coming to this case, according to this article, it was a married teen who ran away from her in-laws for no reason mentioned in the article. I understood that it was not the first time, she has done this. The third time she ran away from her in-laws to her parent's house, the father got infuriated and decided to take control (dragged by her hair, (Visuals of Panjali being dragged...