SECTION E. Definitions

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11 Terms

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explain why you & I are known as common law ppl

bc samoa adopted the legal system of england, which is common law of england

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interlocutory order is a legal term used in

CIVIL proceedings

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impartiality

a statutory req whereby the courts must be neutral, fair & independent

  • Judge should not be biased & should follow the law

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competent jurisdiction

statutory req which means the right court must hear the right case

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contract

agreement betw 2/more parties w intention to have legal effect

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maxim nemo judex causa sua

no man may be a judge in his own cause

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audi alteram patem

Hear the other side

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right

 entitlement afforded by constitution for all citizens/every ind

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legal definition of corruption + faa samoa of corruption

= Corruption is the abuse of public office/power for personal gain. such as accepting bribes/bribery (section 35 Crimes Ordinance 1961)

Any misconduct/corrupt action by a member of judiciary is det to be unethical

(faiga tauvalea)

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rule of fair play

natural justice (refs to the common law req of rule against bias)

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assessors

assessors in high profile case are judges of the FACTS

          (& assist judge in making the decision)