ling ling ling

Monday, June 7, 2010

finally decision made .....
kinda sad .... seriously ... i m sad .... i not willing to let u go ....
but in the end after listing out the pros and cons abt u ....
its time for me to just forget abt u and let u go ....
we r in a different type of society ....
u gamble .... i dun
u drink ... u lik to go pub .... u lik to do so many things tat i dint wan to do with u ....
ur the kind of guy tat is ....
ALA I GOING OUT WITH FRENS ... OKAY LA I BRING MY GF ALONG
u only think of ur own convenience , ur own time , YOUR OWN SELF>...
u neve bother to think a second abt me ....
lik i told u .... i wanna watch IP man .... and u brought IRON man ticket for movie ...
this prove tat u neve put a thing tat i tell u before in ur heart....

lik tat day i fall sick .... i just want u to company me .... but in the end ... u went to genting ...
to gamble.... u always made me feel i m always in the second place in ur heart....
u will neve put me 1st .... u always put ur frens , ur family and ur self in the 1st place in ur heart...
u neve bother to think how much i scarifies my time for u .... u neve though of tat be4 ....
u always think tat ur always right ... i m always wrong ....
sorry to say ... i cant stand it anymore .... i CANT STAND IT ANYMORE!!!....

another cons tat make me really feel disappointed abt u is....
u neve missed me at all ... u only jus want tat "thing"....
i m a girl ... i cant accept tat ... i know once i m stupid... i willing to give u ....
even we r in a pre broke up status .... but .... now i m no more the yin ping u know once before...
many of my frens open my mind towards ur action of me...
u only love me becos of ur needs.... ur lonely .... u need ppl to company....
but not to have the responsibility as a boyfren
YOU NEVE THOUGH OF COMMITTING WITH ME ....
then i realize all these while .... u neve really bother to bring me out anymore...
u make me really disappointed ... and sad ....
disappointed becos ... i neve though ur that kind of person ....
u are not the person i know once before tat love me a lot....
u changed .... because u dont love me anymore....
if u don ... y you neve bare to tell me before??... becos if u tell me u have more disadvantage than advantage rite??.... because i m a stupid girl to u tat u can always play with my feelings....

honestly .... i tell my mom everything about you ....
my mom advise me its not worth it ... to do so much for u anymore....
to her ... your just a sales man ... ur just the guy who wanna used me.... u are selfish ....
i dun wanna play games with you anymore....
if u so like to play ... u can find other girls;... i dunno how much more my heart can stand beside you .... every week ... will always break one time....
my tears duct will need to refill always ... in the long run ... i might be crazy ....
so sorry ... i don wanna play any games any more...
if u think its my fault ... than ... yes ... u like to say its all my fault l...
go a head ... no one stopping you .... i dun wanna explain so much .... i m tired .... i cant stand it anymore....

Saturday, May 22, 2010

thinking whether to call u ... as i know i should giv u time to cool down....
hoping to call n hope u will pick up...
because ... i miss u ......
dail ur phone number.... waiting for u to pick up ...
hoping tat u will pick up... make my hear beat faster....
when the dailing tone turn into voice mail....
my heart broken apart .... i dunno whether should i call anymore....
wanna call to know wat happening at ur side.... because i misses u ....
dun feel lik calling cos scare u think i m so 'fan'

Saturday, May 15, 2010

things happens


ya i just started my AS exam ....
n yes ... the 1st subject is law!!!....
n yes i dint sleep that often lately ... always sleep late n study at night ....
just wanted to get at least a B in my exams ... all the subject ...
n yes i always go partying ... therefore i need to study lik mad now....
yes i regretted but somehow my character just cant change when ppl ask me to go out to have fun....
n yes when i m having exam the time i still can think of vacation....
see how my personality is ... >.< .... i know i m a rotten kid....
a bad ass who wasting my mom money ...
n yes abt my law exam... its was erm ... the question was not tat direct as last few years...
this year the question was so darn indirect that the question can actually link to so many chapter...
n we needed time to think n fast !!!....
but the exam was only limited with 1 n a half hour to complete 3 essay with at least 500 words..
my hand pain lo !!!

ya ... after that exam ... i though everything will go smooth ...
n me n my bf argued .... for few days tat we dint really actually talk to each other ...
n i dun really wanna bother abt it cos my exam come 1st ...
but i admit i miss him ...
n him too tat y i went out with him at night on friday to go leisure mall pasar malam ...
when everything happens....

if i dint go there at the 1st place ,
if i dint dress up with a skirt tat dint have a pocket ,
if i dint ask him to bring me go pasar malam ....
if i dint bring out my bag tat time n should leave it at his car ,
if i dint become so hunger abt food ... n especially durian ....
if i dint bring out my mom's atm card....

then i would not have been facing problems right now....
hais yea ... while after finish walking pasar malam ...
n we decided to buy some durian ... haha ... our fav ....
then ... while my bf was choosing some....
i was standing one side waiting for him...
n yes... while i was waiting ... my bag was snatch by a motorist .... who happen be a snatch thief ...
then i dint even have time to scream but jus pull my bf n say :
TAT GUY STOLE MY THINGS

then i point the direction he went ...
n he run towards him....
but he could not catch him ... because tat the thief is with a motor cycle ....
catching him with a percentage tat is very small....
n ended up crying the whole night ....
but i need to thank u my bf tat happen to bravely run toward tat guy ... no one can predict wat will happen if he able to catch up to tat thief n they fight ??... then i need to send him to hospital if he was injured terribly ...n i will be very sad...
n thx tat he bring me to police station not one station but two.... cheras then pudu ...
then ... after tat .... he still gave me some money as for my pocket money ...
he is such a keeper right ....

even tat i whole night keep quite ... i noe his character he doesnt lik seeing me sad... n being quiet .... but he stay with me n help me solve atm card problem ...
bar my phone line...
bring me to police station ... n trying his best to get back my bag ...
n gave me some money which he scare tat i dun have any ...
yes his great bf ... no doubt of tat ...
this wil be my IC till i get one ... sigh ...

really thinking back wat happened ... really freak me out ,...
n i scared to bring bags out anymore.... better be careful next time not only me but u readers out there too...

Tuesday, May 11, 2010

he is just selfish


when a guy dun wan u to go out with him ...
he will use a lot excuses lik
u better go study ur exam coming

but when he terpaksa bring u go out ....
n when the girl is gonna be having exam...
he can rather wan the gurl to wait for him to gamble with his fren for 3 hours.
he jus wasted her 3 hours of time...

when a guy dun wan the girl to go out with him....
he will come out with this lie....
eh i m having company dinner at saturday wor...

so the girl automatically will say ok la than u go la....
but she doesnt know its a birthday party till his fren told her...
n how foolish she felt because she kena lied by her own beloved bf tat she love so much....
and when the guy is trying to tell the girl the party suck dun go ....
n the girl jus wanna ask him why u lie ....
even-though his the one who should say sorry ....
in the end his the one who gets angry to the girl.... even the girl talk to him nicely with a soft tone....

as for the girl being so sad.... after a fight in the car to his fren's house....
they arrive to the fren;s house... n the girl need to act like ntg happen before cos... dun wan him to be ask by his fren wat happen jus now....
but after gambling n on the way home....
the girl suddenly become so quite .... n hope he can take this chance to jus apologize but he didnt ...
even when he reach the girl house... a kiss goodbye n 3 words oso neve given to her...
the girl was so heart broken n sad that she cant sleep for the whole night ....
the next morning .... she even saw that that guy can tell another girl to be happy ....
instead not his own girl fren....

in this situation ... its really easy ....
his just a selfish guy .... who never learned his lesson no matter how much the girl tell him n argue with him before ..... remember the case ( 100 days that he lie the girl and she went langkawi) its abt the same thing....

and another personality .... too egoistic ... his ego s way up high that he cant even put down some face to even apologize to his own girl fren.... every time when he did something wrong when his saying sorry ...

tribunals.

many disputes are resolved informally, through negotiation, concession and compromise. however, when a informal approach turns out to be unsuccessful, the present of a formal mechanisms must be available to ensure the dispute is resolved fairly by the court system. however, in certain cases, the court system its not the most suitable method . Therefore, alternative mechanisms are developed to supplement the work of the courts.

tribunal form a part of the alternative dispute resolution(ADR) system but unlike other ADR methods, tribual works closer to the courts, the Frank Committee 1957 , favored the view that their function is distinct and separate them from the court. parliament initiated various projects and schemes and included the tribunals to deal with the problems to surfaced these projects. on that basis, it is suggested that tribunals are merely adjuncts to the parent project and therefore defines their role as more administrative then judiciary .

the tribunals make up of 3 members with only one legally qualified which is the chairperson and 2 lay personnel. the lack of legal training are not seen as a disadvantages, the nature of the provision the member have to consider that this is an important factor needed because these non legal member provide specialist knowledge and they enable the tribunals to make their decision on actual practice as oppose to abstract legal jargon. this example in tribunal can be seen in tribunals having responsibility for employment issues which usually have a trade union representative and employer representative sitting in a panel.

there are many type of tribunal such as tribunals dealing with social security, use of land , revenue , transportation, domestic tribunal and the most important of all tribunals that deals with employment. in this tribunal, the main work is concerned with dispute claims for redundancy pay, industrial injury benefits and complaints for unfair dismissal and discrimination . they sit locally and have a panel compromised of a legally qualified chairperson and 2 members , chosen to represent the employer and employees respectively. an appeal lies to the employment appeal tribunal.


Monday, May 10, 2010

alternative dispute resolution

many dispute are resolve informally for instance , negotiation, compromise,and concession. however, when a informal approach is unsuccessful, formal mechanisms must be available to ensure the dispute is resolved fairly. the traditional formal mechanisms is the court system. however in a certain reason , the court themselves are not always the most suitable approach . therefore, alternation resolution has been made to supplement the work of the court.

the main forms of alternative dispute resolution is tribunals. these are designed to deliver justice quickly, cheaply and informally. all tribunals are created by statutes and a tribunal will usually have 3 members which contains a legally qualified chairperson and 2 lay personnel. tribunals member can usually be dismissed with the consent of the lord chancellor. this is an essential safeguard against executive interference in the independence of the tribunals. the procedure of a tribunal is keep as informal as possible but some tribunals have to be quite formal because of the importance of the issues with they are dealing for example the Mental health review tribunals.

another type of alternative disputes resolution will be the arbitration . arbitration is a procedure whereby the both parties agree to let a 3rd party ,the arbitrator , to decide. the arbitrator can be a lawyer or may be an experts in a field of the dispute. he or she will make a decision according to the law and the decision is legally binding.

other than that , the mediation is also a type of alternative dispute resolution. mediation involved appointment of a mediator to help the parties to a dispute reach an agreement where each party consider acceptable. mediation can be "evaluative", where mediator gives an assessment of the legal strength of the case, or " facilitative", where a mediator helps the parties to find a settlement that is in all parties best interests. when a mediation is successful and an agreement is reached, it is written down and forms a legally binding contract unless the parties state otherwise.

conciliation is also a type of alternative dispute , it is similar to mediation but the conciliator takes more interventionist role than a mediator in bringing two parties together and in suggesting a possible solution to help achieve an agreed settlement . the term conciliation is gradually falling into disuse and the process is regraded as a form of mediation.

alternative disputes gave become increasingly popular because of the difficulties of trying to resolve disputes through court hearings this is because a trial involves a winner and a loser , and the procedure combined with a aggressive atmosphere of the court proceedings divides the parties making them end up enemies. whereas for alternative disputes , parties are often in a win win situation.

in court hearings , the rule of the procedure lay down a fixed framework for the way in which problems are addressed. this may be inappropriate area which of largely concern to the parties involved . alternatives method can allow the parties themselves to take more control of the process.

further more, court hearing impose a solution on parties which since it does not involve their consent , may need to be enforced if the parties are able to negotiate a settlement between them, to which they both agreed , this should be less of a problem.

however, there are also problems with ADR . as the unfair dismissal conciliation schemes shows the benefits of voluntarily negotiating agreement may be undermined where there is a serious imbalance of power between the parties.

moreover, there is no doctrine of precedent and each cases is judged in its merits , providing no real guidelines for further case while arbitration have a duty to apply the law contained in court judgement, the decisions of the arbitrators themselves do not act as precedent. enforcement are also not protected . decision not made by courts may be difficult to enforce. while an arbitration award can be enforced just like a judgement , to enforce a mediation settlement a party may need to go to court to obtain a judgement which can then be enforced.

magistrates

the magistrates deals with 98% of all criminal cases . in the year of 1992, some 566 magistrates court in england and wales are stuffed with 29000 lay magistrates . 2 to 7 lay magistrates sit at anyone time . however in special rules apply in the youth court whereby at least 1of 3 lay magistrates are female. the courts also required to sit in different days and in different places and restriction on reporting will be imposed.

as we can see , magistrates are either unpaid voluntary appointees which form a bench of 2 till 7 members which known as the lay magistrates or stipendary magistrates who sit alone to decides on cases in the magistrates court which they have legal background.

a magistrates need not have a formal qualification . however there are some categories of people who are not eligible to serve on magistracy. in the official booklet on the appointment of the justice of peace act 1979 prescribe that the most important consideration of the selection is that the person should be personally suitable in character and he should also need to understand the importance of the work that he is undertaking to perform.

the lay magistrates can claim expenses on travelling, loses on earnings and subsistence and is usually not qualified in the law. they are appointed by the lord chancellor under section 6 of the justice of peace act 1979 and various disqualification apply, for example , undischarged bankrupts . in practice , others will not be appointed including those who are over the age of 60 and those who convicted serious offences.

about 1500 new lay magistrates are appointed each year. in order to decide who to appoint, the lord chancellor relies on the recommendation made to him by the local advisory committees and this method of appointments is much criticized. the criticisms is that the membership of the committees used to be secret but since 1993 all names must be publish.

section 13 and 31 are provided for stipendary magistrates to be appointed by the Queen on the recommendation of the lord chancellor from the barrister. section 17 (10)of the court and legal service act 1990 the magistrates must be of 7 years standing in line with the general qualification of the relevant right of guidance.

within one year of appointment the newly appointed magistrates must undergo with training course in sentencing aims and practice, criminal law and evidence and the role of the court clerk and others. magistrates are also required to sit at least 26 times a year and in practice they mostly sit more frequently and thereby acquired experience and training while performing their role.

the magistrates try 98% of all criminal cases and hear preliminary hearings in the remaining 2 % which includes early administrative hearings, remand hearings, bail application and committal proceedings.they also deal with civil matters including the enforcing of debts owed to the utilities ,non payment of council tax and non payment of television license. in addition they hear appeals from the refusal of local authority to grant license for the sale of alcohol and license for betting and gaming establishment. lay magistrates also sit at the crown court to hear appeals from magistrate court. in these cases the lay justices form a panel with qualified judge.

in a more positive view, the system of magistrates are cost effective. if the magistrates court were to be dispensed and if paid personnel were to be employed , the administration of criminal justice would be long and expensive.

moreover, the lay magistrates are assisted by a professional , the court clerk. this ensure consistency and accuracy in decision making. magistrates are required to sit at least 26 times ina year . at the same time a magistrate who regularly sit over several years will no doubt build up a vast amount of experience.

however, magistrates may also be seen to be much under control by the court clerk, but of course this may only be as it seems and in any event a clerk is not permitted to make a decision for the magistrates but only offer advises. over reliance on the clerk will bring inability of justice.

another criticism is that, a bench of 3 magistrates will comprise 2 less senior and a more experienced who acts as a chairman. the chairman will have the casting vote where the other 2 may defer to what they see their better judgement. it is often seen that the lay magistrates have little knowledge of law, evidence and procedure and little training.

magistrates also drawn from a narrow social background and some have describes them as " do -gooders" who , for want of other things to fill their time , fulfill this public role. allied with this is the criticism that magistrates are' middle-aged, middle-class and middle-minded' , and that in all the system encourages the provision of justices ' on the cheap'.

as my conclusion, the system of lay magistrates in the UK is undoubtedly very quick and cost effective and further it is also reasonably efficient. however, the system is not perfect as it seems as there are various criticism that have been levied against the system.

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