LAW SECTION A. Criminal & Civil

“the principal of criminal law & traditional approach to criminal law is that a crime/any crime committed is morally wrong”. what is the purpose of criminal sanctions?

sanction = punishment for the crime as stated by the law

*purpose of sanction (penalty for committing crime/imprisonment)

= rehabilitation: to prepare convicts to come back to society

what is the main function of the attorney general?

To provide legal advice to the PM & cabinet

what is the other function of the office of the AG in criminal matters?

Lawyers from office of AG (“prosecutors”) rep police & victims in criminal cases – supreme court

/

in high profile criminal cases charges reviewed by office of AG

in criminal procedures, the offender/person being charged by the police is known as the accused. explain why

only court can convict & say guilty

= bc Principle of law "everyone is innocent unless proven guilty by a court of law”

the HOS is not the sole ruler of samoa. he is not at liberty to do wtv he thinks fit. why?

bc Art 16 of the constitution:

O le Ao o le Malo:
There shall be a Head of State of Samoa to be known as O le Ao o le Malo.

• Samoa has no sole ruler

& Article 26 -> HOS acts on advice of PM & cabinet

rehabilitation

to prepare convicts to come back to society

a. when families disagree over boundaries (land) is it civil or criminal matters

b. how ab 1 family threatening the other w a machete?

a. civil

b. criminal

stm of claim vs stm of defense

stm of claim = legal doc filed by plaintiff w registrar of the courts outlining claim against defendant

stm of defense = legal doc filed by defendant w registrar of the courts disputing claim by plaintiff

identify the authority & provisions that ests the 3 arms of gov

1. art 42, the authority that ests parliament

2. art 65 of the constitution, the authority that ests judiciary/courts

3. art 32 of the constitution, the authority that ests executive council/cabinet

diff betw an accused person being charged vs being convicted?

charged: person committing crime who is charged by the police

• bc law says everyone is innocent unless proven guilty by court of law

convicted: person proven guilty by court of law & sent to prison 

• only court can convict & say guilty

assessors are judges of the facts in high profile criminal & civil cases T/F

True

under which law are police empowered to make an arrest

police powers act 2007, article 29(1)

plaintiff filing a claim w the courts means:

register the claim w the registar of the court

examination in chief

witness from party gives evidence in form of oral answers to Qs under oath

adversarial system

legal system whereby lawyers rep parties, argue law, present evidence, call witnesses & present & submit affidavits before judge sitting alone who will then decide

• (practiced in court of appeal, supreme court, & district court)

“parliament is the only proper law making body according to positivists view”. is it law or not? explain

no it is not law, it is diff perspectives/ideas/theories of law, not law

theft v burglary v robbery

theft = illegally taking someone’s property but does not involve use of force

burglary = illegally entering building in order to steal w a weapon

robbery = stealing from a person using force