Executive affiliated prosecutions service 8 Requires case law research and

Executive affiliated prosecutions service 8 requires

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Executive-affiliated prosecutions service 8. Requires case law research and reasoning skills If there's a gap in the law: Common law treats cases as all inclusive. Judge-made law. Extrapolate from previous cases. Fundamental cases vs cases --> adapt 1. Roman empire roots: Medieval ecclesiastical courts and disseminated through French and German influence 2. Pre-eminence of law codes 3. Apply compendious codified law, literally and cautiously by default 4. Inquisitorialism 5. Career judiciary 6. No Doctrine of Stare Decisis consistently decided point → “ jurisprudence constante ” that’s binding e.g. France, Belgium 7. Stand-alone procuracy 8. Approaches law through theoretical education and all envisions law as a comprehensive body of legal principles. E.g. socialist, Catholic canon
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Judicial adjudication: inquisitorial model vs adversarial model Denning in Jones v National Coal Board (1957): do not conduct investigation, or else assumes the role of an advocate. Instead, lawyers actively confront each other unaided before passive judge- umpire Development of law through judging (adhere to current social values) Flexibility of law Character of judges General and theoretical VS individualistic and own expertise Legal principles juxtaposes with facts, but different interpretations of law Active interpretation → cannot guarantee impartiality Need of reasoning in analysing different cases Macau judges' role only identify codes --> systemised Responsibility of presenting case falls on court, witnesses and parties questioned by judge, and lawyers supplementary **Exceptions to HK’s inquisitorial model: Family law justified because dealing with long chain of events HK v Macau Law in HK = BL 18+8 Prosecutions Division of DOJ is part of gov’t Law of Macau = written codes Apply codified legal provisions drafted in condensed language using precise terms and analytic concepts No legal obligation to follow past rulings Ministerio Publico is autonomous Recognition judiciary vs Career judiciary Appointment to bench in recognition for their achievements of careers in private or public practice (practical experience) Hong Kong Judicial Institute only organises activities on a Hired at young age and spend entire legal career in a judicial bureaucratic hierarchy Compulsory training programme to be judges and prosecutors
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spontaneous basis Classification of laws Domestic International: relations between sovereign states Global & translational: regulates world as community; requires domestication to take effect locally Substantive law governing conduct of relationships between legal persons proper outcome Procedural law conduct of dispute resolution processes procedures Civil procedure - determine civil liability + compensation/damages Criminal procedure - adjudicate the guilt / innocent + punishment (imprisonment) Criminal law misconduct with consequences + punish & deter wrongdoing Civil law settle disputes + provide remedies Tort Public
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