SECTION B. The Judiciary

“parliament is empowered under art 43 of constitution to make laws. the courts don’t make laws. whys the courts known as the court of law & they indirectly make laws” explain

parliament is the only proper law making body (it is the function of parliament to make laws)

• however, every decision by the court becomes law (known as judge-made law)

diff betw judges & justices

judges (adjudicators) = judges of the law & head & run the court

(interpret law according to law)

Justices = judges/justices of the supreme court of samoa. CJ head the judiciary.

(art 65 (3) outlines legal reqs & criteria that qualifies a person to become justice of supreme court of samui)

diff betw plaintiff & defendant

plaintiff = party who initiates course of action by filing stm of claim w registrar of the courts

defendant = party whom claim by plaintiff is made against

diff betw stm of claim & stm of defence

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

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

who is the president of the land & titles court

lesatele rapi vaai

inquisitorial system

legal system whereby panel of judges (3 or 5) will investigate parties involved & upon result of their investigation will decide the case

identify provisions of constitution that ests all courts of samoa

1.   Court of appeal (art 73)

2.   Supreme court AKA principle court (art 65)

3.   Subordinate court (art 78)

4. Land & titles court AKA special court (art 104)

how is CJ appointed

= Art 65 (2), CJ of supreme court is appointed by HOS, acting on advice of PM

discuss incapacity in a contract & give 2 exs

if 1 of the parties to the contract has incapacity/diminished capacity the contract will most likely be unenforceable/void

1. age (too young)

2. mental condition (ex signing while being drunk)

constitutional convention 1960 plays important role in samoa’s history, explain why

bc it was formed by traditional leaders rep the 41 territorial constituencies who shared & drafter the constitution of samoa

• the constitution (highest law) came into existence by way of the constitutional convention 1960

• it led samoa to gain independence on 1st jan 1962

stenographer

“court stenographers” = officer of court who keeps record/takes note of court proceedings

who heads judiciary?

CJ: Satiu Simativa Perese

how can it be det a good judge from a bad judge

good judge: neutral, fair, impartial & independent

• apply laws correctly & interpret law according to law

bad judge: biased, influenced & unfair, incompetent

• does not apply laws correctly/interpret the law

name 2 justices of supreme court of samoa

• justice vui clarence nelson

• justice leiataualesa daryl clarke