INTRODUCTION TO LAW

Research methods
Why do we fail?
ASSIGNMENTS :

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It is important that you provide a bibliography which needs to be arranged according to the sources which have been used: for instance if you have been consulting books the first heading should be of the books consulted. Guidelines: Oxford standard for citation of legal authorities (from the website of the faculty of laws of Oxford – OSCOLA 2006). Peer Reviewed journals (http://denning.law.ox.ac.uk/published/OSCOLA.shtml) Official Reports: the Maltese government issues white papers to amend laws. Quote debates of the house of representatives and to other reports which are published from time to time. Websites: it is important that as much as possible you refer to the published version than to the website. When you use a website you state the date of when you accessed that website

Use of footnotes: Whenever you refer to an author, case or a document on a website you have to provide a footnote with the page of the quite. Footnotes are not used to give a source only but they’re also used to add texts and comments, for instance if you say that adultery is a criminal offence in country X you put a footnote for a relevant comment for instance that in Malta adultery is not a criminal offence. Case Law: Another reason why students fail is that they don’t quote case law. For ex: In Malta we do not have a law that states that we cannot sue a judge ex Dino Debono vs Magistrate Lino Mallia. So if you do not quote case law there’s nothing to say about it, you will enrich your answer by referring to the applicable case law since this is unwritten law. Law: It is necessary to refer to the law, whichever law would apply to the addressed context. It is important that you know the principle behind the particular provision. The article number is not important but the principle and its emanation for instance the Constitution of Malta. The laws are very important but sometimes the law by itself is not enough because it might be ambiguous and therefore you would want to consult the writing of certain established authors
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For instance the definition of theft of Carrara is something very important. You can be a positivist: you will interpret the law in a specific way. Citation is acceptable but lifting whole sentences and paragraphs rather than acknowledging sums to plagiarism. you can also adhere to the natural law school etc. Do not copy ideas! Do not turn the structure of the sentence! 2 . Read the authors which are commenting on the law. Critical: you need to be critical and not write what the lecturer says. Law has various schools of thought thus interpretations and opinions vary. Stick to the point! Think and analyze what the question’s asking.and quote them. and write down your own suggestion Answer: answer the questions properly don’t use padding. don’t be descriptive but analytical and critical. come up with your ideas after reflecting and reading books and journals. Plagiarism: you cannot take an extract from a book and quoting it word by word without stating that it is directly taken from that particular author.

However there are also acts of parliament which predate 1964 due to self-government. (subsidiary legislation) 50. They all have legal binding force and they all have a chapter number. Organization and Civil Procedure.01 (the chapter number of the primary law and the second number is the chronological number of the subsidiary law) 3 . They were made under the British period and they’re still in the statute book and used to the present time.Maltese Law: the internet: www. The constitution always prevails it is hierarchically superior to all other laws in Malta. The Statute Law Revision Act is the law in terms of which all laws are numbered. There are two different laws when speaking of primary legislation: the constitution and primary laws (505).mt 1) Judgments of Maltese Laws 2) Laws Legal Section: laws of Malta: Chapters (505 in all) = 1) Primary Laws (enacted by Parliament) 2) Subsidiary Laws (laws made by the Minister or any public corporation) Primary Laws: laws enacted by parliament Laws from the British 1800’s till now 1) Acts of Parliament 2) Ordinances 3) Codes Acts of parliament : These are from 1964 onwards. There are two laws which do not have a chapter number although one of them is chapter 0. Codes: Criminal. although the Maltese were under the british rukle they ahd their own parliament and government and the laws which were enacted by selfgovernment parliament are called acts of parliament as well. Subsidiary laws: They are also numbered: S.justiceservice. Police Codes.L. you have to cite the code and the chapter number. This law is unnumbered and comes secondly after the constitution. Civil. this is the constitution of Malta. They are still on the statute book. Commercial.gov. Ordinances: Laws made by the Governor of Malta.

eu – translating the salient provisions of case law dealing with administrative law  A case which predates 2002 or a law that has been repealed: Found in libraries such as the National Library in Valletta. They are delivered in English where one of the parties or both do not understand Maltese. This website has got the texts of acts of parliament of subsidiary legislation of bills which are presented to the House of Representatives and of by-laws made by the local councils. (Justice website) Search by the name of the parties or by the name of the judge or magistrate or tribunal. Since 1993 with the Local Councils Act 15 of 1993. It is exceptional that you come across a judgment in English. The text of bills: Before a law is enacted in parliament a bill has to be presented in the house of representative. approved and then enacted. by-laws are the main subsidiary instrument through which local councils make their own legislation. If you don’t know anything you can make a free text search ex: Kostituzzjoni: all the case law where the term Kostituzzjoni is used.dio. If you want to cpousnilt an act of parliament of 1905 which is not in use anymore you have to find it in these books of 4 . CASE LAW Judgments of the Maltese Law: from 2002 till today. The laws are enacted in Maltese and in English. These are the three most used of subsidairay legislation as well as by-laws.gov. If you want to compare the original version with the law actually enacted you have to use this website. there is a provision in the constitution which states that if there is a conflict it is the Maltese version which prevails.statecareandmore. . also through the reference number of the case.There are regulations. You can carry out a search using this information.mt This site has got all the issues of the government gazette. In so far as case-law is referred normally in Maltese therefore there is no English translation of judgments.The Department of Information www. Administrative Law (second year) www. discussed. rules and orders.

Old unpublished judgments are found there. French journals are important for the Civil Law since the sources of our Civil. The Courts of Justice Library is a specialized library for law books.Acts of Parliament and Subsidiary Legislation. Books to refer to: The Revised Edition of the Laws of Malta + The Acts of Parliament The collection of decisions of the superior courts of Malta: up till 2003 from 1880. We also had a previous edition of 1942 and at that time it was Judge William Harding who was entrusted with the compilation. For instance if in 1884 a report was published on the criminal code that is an important source is far as the criminal code is concerned. In addition to reports and to writings of various authors there is also the LLD thesis 1958today. It is not a lending library it is a reference one but there is the possibility of doing photocopies apart from taking notes. In order to get the judgment you have to go to the courts archive in Valletta. The writings of various academics: codes of civili procedure: refer on foreign textbooks. Other books which if they do not publish the text of the judgment they publish as synopsis ex in 1977 Mr. Various legal databases can be found in the library. Theses are found at the militensia branch in the library at university but also in the laws faculty and at the courts of justice library. Judge Wallis Gulia: had compiled the text of several judgments with regard to Administrative Law. The only source would be to go to the source of justice. Italian and Roman Law.Edgar Mizzi – attorney general of Malta was entrusted by the government to print all the laws of Malta and in 1984 we have the revised edition of the Laws of Malta. Ian Refalo has done similar as regards to private international law. Even the attorney general’s office has a library with a number of books . On the internet version there aren’t any selections all judgments are pub lished irrespective of importance. Justice Joseph Filletti published the course of criminal appeal. From 2003 onwards the judgments went online. Not all judgments were published in it but there was a selection through the editorial board. Commercial and Criminal law are based on the French. Our law 5 . The last edition of the laws of Malta in print form was of 1984: Dr. In constitutional law Dr.Anthony Farrugia vs Kummisjoni Elettorali: the case was not published by the editorial board. the library of the university is a good source + the national library in Valletta where you also find reports as well as books. Under the Statute Law Revision Act if 1980 all these chapters used to be published in book format before everything went to the internet.

The international maritime law institute has got an excellent library dealing with shipping law and international law subjects which will be dealt with in second and third year. In third year this library will be an asset. Databases can be accessed from home.has also been influenced by the English Law. EDRC has got a very important collection of EU materials. 6 . 98% of the Constitution as it was in 1964 at that time was English law therefore we have English databases.