LW 111 COURTS AND DSIPUTE RESOLUTION I ASSIGNMENT TWO SEMESTER ONE 2011NAME: Samisoni Naba Student I.D Number: S11066581 Assignment Number: Two Course Coordinator: Carolyn Penfold Due Date: 20th April 20, 2011 Email Address: [email protected]
LW 111- Assignment Two Page 1 Student Plagiarism Cover Sheet LW111 Course name and code Courts and Dispute Resolution I LW 111 Name of teacher Carolyn Penfold Student name Samisoni Naba Student ID number S11066581 Assignment number Two Actual date of submission 20th April 2011 Actual word count 1273 Campus at which student is enrolled Lautoka Campus Student email address [email protected]
yThe Law School has introduced a database of those students who have been reported to the Head of School for plagiarism and the penalty that was imposed and that repeat offenders (regardless as to the extent of the plagiarism) will be automatically referred to the Discipline Committee. Signature: Samisoni Naba Please note submission of this declaration is a requirement for all pieces of written coursework assessment and marks may be withheld for failure to submit a completed declaration LW 111. yIf the plagiarism case is regarded by the Head of School as substantial (for example a significant failure to acknowledge a source) it will be forwarded to the Student Development Committee of Senate (the Discipline Committee).fj I have read and understood the University of the South Pacific. I confirm that the work contained in the attached item of assessment is entirely my own work except where I have specifically acknowledged another¶s work and the source of that other¶s work.Assignment Two Page 2 . School of Law policy on academic misconduct and plagiarism. I am aware of the following: yThe view taken by the Head of the School of Law is that failure to acknowledge or inadequate acknowledging the work of another will result in a student receiving an official written warning and a mark of 0 for that piece of work.ac. Assignment Two Page 3 .iiiIt replaces the British Privy Council before Fiji became a republic in 1987 . the Court of Appeal has thevi right and power to hear and determine appeals from the judgment of the High Court and it is authorizes by the constitution . In this court system the Supreme Court comes first followed by the Court of Appeal and than the High Court lastly the Magistrate Court which is the lower court of them all. Theii Supreme Court is the final appellant court of the State and there is no judicial authority is higher than the Supreme Court. These are the four courts in Fiji and it has different jurisdiction to hear and deals with. second class magistrate. It was established in 1945 in order to determine minor civil and criminal matters in urban areas have been Continued since independence the ix resident magistrate. It has the right toiv hear and determine appeals from all final judgment from the lower tribunals or the lower court . Firstly. It all works in different ways and their jurisdiction are very much different from one another. the four levels of Court in Fiji are all established under the Chapter 9 of the Constitution of the Fiji Island. The Supreme Court. The Court of Appeal. vary. In this court the Magistrate will sometimes or may refer to some question of law. affirm or discard decisions of the court of appeal . the Magistrate Court is the lower court and isviii divided into three classes. The work of this four court is to enforce the laws of the country. Lastly. LW 111. and third class magistrate all have different jurisdictions to hear and determine. Secondly. The higher judicial authority of the Court of Appeal is the Supreme Court. It also hears civil and criminal proceedings. The four courts are namely. Magistrates Courts have become the subordinate for all Fijians irrespective of race or location To conclude. the High Court which is the third level court established byvii Chapter 9 of the Constitution and has the right or power to hear and determine civil and criminal proceedings and it has unlimited jurisdiction . Thirdly.Question 4 Fiji has four level of court which is established byi Chapter 9 of the Constitution of the Fiji Island. The Supreme Court has the right or authority to vreview. High Court and the Magistrate Court. Question 6 The Chapter 9 of the Constitution of Fiji under the heading of the Jurisdiction of the Supreme Court relates to the Supreme Court of Fiji. The courts decision was not reported as the judger set another date of hearing. The lawyer also asked the witness about her qualification that she holds and also asks her about how many property does she has back at the State. One of the lawyers began to ask questions to the witness. The lawyers questioned the witness about her earlier injuries that shed had from the States and further takes her back in 1997 about her educational background.Question 5 All written constitution of the Pacific Island nation has ax principal court which is called the High Court or the Supreme Court where judgers are appointed to exercise the power of that particular court. It can be sited as Constitution (Amendment) Act 1997. Question 7 The court that I visited for completing this assignment is the High Court in Lautoka. It is stated in section 117 of this constitution where the Supreme Court provides it for the court. It deals with criminal and civil proceedings. The High Court is one of the four level courts that were established by Chapter 9 of the Constitution of Fiji. LW 111. The constitution of my country does provide for the court as it is stated in the Constitution (Amendment) Act 1997 under Chapter 9 and its heading reads JUDICIARY under Judicial Power.Assignment Two Page 4 . it was just a small room as I was expecting to enter a bigger court room than what I saw at the Lautoka Court Complex. Question 8 It was in the afternoon that I went to the Lautoka Court Complex and wondering how big the court room in Lautoka would be. There were only nine of us at that court room. When I entered the court room number 5. The jurisdiction of this court is unlimited. it was a case about an American lady who had an accident while on vocation at The Hideaway Resort in 2002. The court than proceed after a while. P 6. (2011).2010 (13 April 2011). Course Book LA 207 (2003) xi http://www.org/wiki/Supreme_Court_(Fiji) iv University of the South Pacific.18 x University of the South Pacific. After independence or selfgovernment.org/wiki/High_Court_of_Fiji viii University of the South Pacific. Question 10 Common law and equity refers to thexii system of legal principles which makes up the heart of the Anglo. During the dependency period. In Fiji xivSection 35 of the Supreme Court Ordinance 1875 provides that. P 2. (2011).wikipedia. The body of laws that they made and they way that they functioned was followed by the courts in the United States and the British Commonwealth nations¶. Course Book LW111 (2011). Course Book LW111.wikipedia.13 xiv Don Paterson. HAC062.America legal system. (2011). Course Book LW111. Course Book LW111. 1997 ii i LW 111.wikipedia. Course Book LW 111 (2011). p 6. but subject to some limits¶.paclii.org/wiki/High_Court_of_Fiji http://en. It consists of legal principles or rules which are embodied in the reasons for the decision of the courts.Question 9 The name of the latest case that was decided in the High Court of Fiji is the case of xiState v Lulu  FJHC 210.17 v http://en.wikipedia..17 vii http://en. P 6.18 ix University of the South Pacific.on the 2nd day of January 1875 shall be in force in the colony.org/wiki/Supreme_Court_%28Fiji%29 vi University of the South Pacific. The Application of Common Law and equity in countries of the South Pacific.Assignment Two Page 5 . P 6.wikipedia. Course Book LW111. the courts in the Pacific Island Nation continue to rely on precedents from common law cases to deal with disputes that they are dealing with.¶ http://en.org/wiki/Supreme_Court_%28Fiji%29 iii http://en.13 xiii University of the South Pacific.org/fj/cases/FJHC/2011/ xii University of the South Pacific. the xiiiAnglo-America common law was adopted by all the countries in the Pacific region. P 2. The Common Law the rules of Equity the statutes of the general application which were in forced in England«. BIBLIOGRAPHY http://en. http://www. 2011) LW 111. Paterson D.usp.ac. Course Book LW111.wikipedia. 2011 University of the South Pacific.wikipedia.org/wiki/Supreme_Court_(Fiji).paclii. 2011) http://www. 2011) University of the South Pacific. (20th April 21.org/wiki/Supreme_Court_%28Fiji%29.Assignment Two Page 6 . The application of the common law and equity in countries of the South Pacific. Course Book LA 207.org/fj/cases/FJHC/2011/. (20TH April.PDF (19th April 20. 2003.fj/jps/Paterson. (20th April 2011) http://en.