Monday, November 8, 2010

I've Moved:- Permanently!

Hi guys,

As google AdSense do not allow monetizing for this Personal Blog that I have, I have decided to Move PERMANENTLY  to my new blog:-



Where I blog about Legal Talk and Life's Finest Adventures. Get in touch with what's Hot in the Legal World, as well as New adventures that I have been up to, Places I've gone to, and Photos I have taken along the way!

This explains why I have not been dropping by your blogs lately as I have been trying to get the whole monetizing thing going.. Many apologies! The next time you see me, I'll be blogging from the new blog! Ü

See you there!

For the last time, Over and out.

What is Life?


    

Friday, October 29, 2010

What To Do When You Have a Cancer Patient At Home.

The word Cancer is extremely common today that it scares me. Having been a survivor, and losing both my parents to it, I am, without a doubt, no stranger to this disease. While I did lose my mother to breast cancer, it was my dad's battle with stomach cancer that really taught me what I am about to write today.

When cancer strikes, it does not only affect the patient, but also family members of the patient. Dealing with the disease as a family member do not make it easier than dealing with it as a patient. Having fought alongside dad for exactly one year, here is what I have learnt:-

The Do's:
  • Know your stuffs - if not as much as the doctor, enough to let the doctors know that you had done your research on the sickness and you know enough to make sure they do their job well and without malpractice. It saves my dad three times, and prolonged his life span and most importantly, it gave us more time together.
  • Eat healthy alongside the patient - As a patient, he / she are naturally not allowed to consume the yummy greasy food that we are used to. In order to encourage them to stick to the healthy diet provided by the nutritionists or doctor, eat the food that they eat! Trust me, it is a lot of encouragement and you get a healthier, better lifestyle.
  • Enrol in a gym or Work-out - my dad had always been my hero, and I was extremely close and attached to him after losing my mom at the age of 1. He was the only one I always look up to. Needless to say that when he was diagnosed with cancer, it hit me really badly. I enrolled myself in a gym, and I find that working out keeps me sane and focused. Whatever pent up frustrations I had, I lashed it out on the treadmill and in Body Combat classes.
  • Cry, when given a chance - You are sad, and pent-up. Angry at life, at your family, at God. So cry! Crying serves as an instant relief and it lessens the stress in you.
Of course, the crux of it all is:
  • Spend as much time as you possibly can with your love one - Time is of essence here.. There are chances that with the right form of treatment, patient may go into remission. At the same time, bear in mind that at the moment, there are no permanent cure to this disease. So please, I implore you, to try your level best to spend as much quality time as you can with the patient. I tried my level best to be with my dad every single day for the past one year, and even then, I did not feel as though it was sufficient, and every single day, I wished I could turn back time, and spend even more time with him.
These points listed above are by no means my own personal point of view and experience. While I was in a state of depression upon finding out that dad was diagnosed with cancer, I realized I had no where to go to emotionally. I did not know where to look for assistance. I did not know what to do. Simply put, I was totally lost. Thus, I hope this article, will assist you, if not all, but some, and help you find your footing in dealing with having a cancer patient at home. 

Always bear in mind, in order for the patient to believe in living, YOU have to remain hopeful. Take care of your emotions, and you will be emotionally strong enough to support and encourage the patient to keep living. For them to fight the war, YOU need to fight WITH them. 

Tuesday, October 26, 2010

You're Funny.

When I first posted the Formspring.me box on the right corner of my blog, I would have expected all sorts of questions coming my way.. This morning, what is funny is that I got a question from an "anonymous" person asking me extremely personal things about my personal life rather rudely, which was surprising, as apparently, this person is apparently "Educated".

Woman, you bring a whole new meaning to the word Educated. Perhaps, word of the day may be Lack of Mannerism. Its no surprise. It's probably the way you were being brought up with.

It makes me laugh how a person drops by my blog, Reads my stuffs, pry into my life, and then gets jealous at me.

Woman, Jealousy is a double edged sword. Be careful or you may just cut yourself too deep.
I've been quiet for a long enough time even when you have condemned my father, who is now in peace. Coming from a "Woman of God" as you openly proclaimed, that is just hyprocrital!

Oh yes, I'm talking about you. And yes, I am most definitely better than you because I said So. Well, at least I'm no liar. You are.

Monday, October 18, 2010

It is Easy to Love

Just this morning at work, while I had a little free time on hand, I decided to browse through the "Notes" section on Facebook and came across this, posted by a dear old friend of mine, the beautiful Jaymie Barbie .
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Why do people make love so complicated? Its easy to love really, its easy to lend a hand, accept someone for their faults and differences. Why put a boundary on love and not let that emotion in? Why judge and accuse someone of loving too much, when all this world really needs is a little more of that four letter word. Love has dissapeared because everyone tries to give it a definition, tries to chop it up, and give their own meaning to how they feel love should be, so much that they make it impossible TO love

Give it up, dont be afraid to admit when you love, Never feel guilty for it. Every single person in this world wants to feel love, when they dont have it, they criticize it, when they have it, theyre blinded to their kind of love, you will probably love differently than the next, but dont ever let anyone stand in your way and tell you HOW to love or what love really is, because only you feel love the way you do.


If you were placed in my life and ive given you a moment of my time, ive loved you, maybe even for the simple fact that you took the time to talk to me, to listen to what I had to say, maybe it goes deeper than a you’ve always been there for me, the people I put in my life ive fallen in love with them for many different reasons whether its a simple reason, or a complicated one. Im not afraid to admit that every one has made their way into my heart a little, and im sending you my love in hopes that you accept your love, whatever it may be
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This brings me back to an old post of mine, Love is Like Narcotic , where I was asking myself, if I, like every other person, have the capacity to love.

I now know, I do, if not equally as much, maybe more than I used to Ü

Sunday, October 17, 2010

Formspring.me - Ask me Anything

What's your favourite song to dance to when your legs are aching?

That Thing You Do by The Wonders. This song always gets me Pumpin' and Groovin' regardless of the situation!

Tuesday, October 12, 2010

Birthday.

Your Birthday is Silver





You are the shy type. You get so lost in your own thoughts that you sometimes forget to interact with other people.

You are clever and bright. You find learning and thinking to be very easy.

What you find difficult is relationships. You have never been able to understand people.

You find both friendships and love to be difficult. It's hard for you to communicate your needs, hopes, and fears effectively.

I find the first part thoroughly true but seriously doubt the second part as people close to me would know that I communicate my needs, hopes, and feelings, always. The core key to my belief in maintaining a good, strong bond would be Communication. Although i do not communicate my Fears overtly open, i still try to let the people I love know what makes me scared:- Losing them.

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On another note, It's my late dad's birthday today.

Papa, it has been 10 months now since we lost you, and it has been 10 months since the world lost one of its sunshine. I know, where ever you are, whether you're with Elvis in Heaven's Graceland, or soaring with the Angel's of Heaven, you're looking down on us, and on me. We missed you dearly. I know we will meet again. Someday.

Happy Birthday Papa. Remembrance of you everlasting.
(12th October 1947- 31st December 2009)


Tuesday, October 5, 2010

Formspring.me

If you could change one thing that happened last year what would it be?

Not spending enough time with Papa. I was so caught up with my job and feeling stressed out. I should have just let loose and enjoy every single balance minute I have with Papa. What's done cannot be undone, but I still wish it is something I can change.

Sunday, October 3, 2010

Monday Talks ♥

What would you do if you are out grocery shopping at Tesco and you chanced upon a weighing machine? I do not know about you, but I took the chance to weigh myself and thanks to home cooked dishes most of the night, I packed on 3 KGs! Imagine the horror... There goes my weight-loss efforts and diligent run on the treadmill. I am too much of a glutton to let home cooked dishes pass without taking a whack at it and the result is indeed prominent, as everyone seemed to note on the "chubby-er" side of me. Ö


I guess I should hit the treadmill again, eh?


Motto for the week:


Run healthy, Eat lightly, and for goodness sake, Lose some weight, Cindy! ;)


Have a happy Monday all. Pardon for the lack of post, I have so much to blog about but so little time! (heh... 'twas an excuse). I'll be blogging soon! :D

Friday, September 24, 2010

Should You Eat, Pray, or Love?

Well, Everyone knows that I have been a huge fan of Elizabeth Gilbert, most especially this particular. For those of you who have been ardently following on my posts from ages ago, knows about my raving reviews about it as well. Since the movie, starring the ever lovely Julia Roberts as Elizabeth, is releasing in the cinemas soon, I figured I might as well have a go at this thingamajic here! :D


You Should Eat




It's likely that you've been going through a hard time, and you need to rest and refuel.

You could do with some nourishment, and not just the caloric kind. It's time to take care of yourself.

You find happiness when you put your own needs first. You deserve the best, and you should be pampered more.

Relax, indulge, and allow yourself to feel totally full. You've earned it.
Blogthings: We'll Tell You The Truth... Someone Has To!


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So please, I'm not FAT. I just need to EAT! ;)
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Saturday Talks ♥

My studying stint starts Next Wednesday! I wonder how being back for classes feels like. Hopefully I may be able to start getting the hang of it quickly! Just checked out my classes and tutorials and realised I only have 16 tutorial classes before Revision starts and voila - exams! Being a Part time student is stressfull indeed... Look at me, stressing myself out even before my first class starts. Boy, the art of being a Legal Student, we just think too much sometimes Ö


Also, this new blog seemed to be, well, pretty empty! Hence, here I am, attempting to blab, hoping that this might turn out to be a decent post, but rather, its just, well... Blabs. :P Hopefully in due time once classes starts and assignments starts pourng in, mycreative and genius mind may start having interesting Legal talks pouring in!

Legal talks aside, Mommy arrived safely to KL yesterday evening. We had a great heart to heart talk and bonding session. It has been a while. Its weird talking about dad in the past tense when less than a year back we still had dad around. With dad passing on, things changes, and I guess to a certain extent, we all changed too.

Have a happy weekend. Ü

Tick. Tock. Tick. Tock.

So today, while I was in the office, I started surfing some Legal blogs, hoping that I would get some ideas for my own blog. Boy, I realised I definitely do need to start catching up on my studies now! I do not like the feeling of being left behind academically. I am not particularly competitive, however, I do like to be good (if not great) in what I am passionate about.

Level headed side of me thinks that I do need to hit the books as soon as I can, to get a head start. The procrastinator in me, on the other hand, still thinks that I have loads of time ahead to study. Considering the time frame, Class starts in September, and Exam is in May, gosh, it's only 8 months!

I'm running out of time.


Wake up Cindy!


I had better stop blabbing. I shall procrastinate today, and be hardworking tomorrow :D
(thats what I tell myself all the time)


Happy Monday! Ü

Legal-Babe : Oficially!

After two whole years of being in the work force, I decided to enrol myself in college again with the intention to finish what I had initially started. Then came the idea of depicting my work + Legal student life in a blog. I figured, Fun + Legal related stuffs pretty much sums (me) all up though I have to say there's nothing much too fun about this blog - it may be too literal and technical, unless of course you are a legal geek, just like me.


Bring on the books, bring on the cases, bring on the statutes, and bring out the Legal Geek in me!
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I hereby declare that everything written in this blog are purely of my own thoughts and perceptions and it meant no harm nor any malicious intent on anyone.
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Blog : Un-Moved.

So, Well... I have decided at the end of the day that moving my blog may not be a wise decision after all.. I have been a sporadic blogger as of late due to Working and studying all at the same time, so I may not be able to keep up. One blog. More than enough (=

Many apologies for my fickleness! ♥

Monday, July 19, 2010

Grief.

It is almost 7 months now, since dad passed away. Within 7 months, I have led a tumultuous life. It began with a new job, surrounding by new people. A new change. A new life. Gradually, grief lessens and I learnt how to smile again. I started living my life as though nothing happened. Yeah, there were times when I thought of dad, and there were times when tears would well up in my eyes, but I brushed them off as soon as it happened.

I wanted to be strong. I wanted to be unbreakable. I wanted to be okay, for my family. I once read a quote, Pretend to smile, and you'll be happier. So, that was what I did.

Until today.

I was reading "The Last Song" penned by one of my all time favourite author:- Nicholas Sparks. It was a very enjoyable book, almost like a chick-lit, until the middle of the book. The book speaks of a father, dying of stomach cancer, and how his daughter defiantly fought for him to live on. This, sounds so similar. Feels so similar. While reading it, it almost feels like I was warped back to a year and 7 months back:- When I first found out about dad's cancer. Dad, had stomach cancer too.

Vivid images and flashbacks of the whole journey was playing in my head, over and over again. From the surgery, to the removal of the whole tumour, to chemotherapy, to radiation, to dad getting well again, to suspected recurrences, to dad losing 30 Kg, to dad not being lucid, and finally till he lose consciousness.

The one image that lingered on my mind, was the image of dad, before breathing his last breath, stroking my hair, with tears rolling down his cheeks.

I have always been a daddy's girl, through and through. Losing him, was like sucking the breath out of me. I felt like I lost all directions in life. Living, without a reason.

I thought, I was over that; but reading The Last Song today proved otherwise. I almost could not finish the book. Many told me I didn't have to finish it, but I wanted to. It is my life battle to fight, and when I finally did finish it, I succumbed to my grief and I had to hid in the ladies for a couple of hours and cried my hearts out.

I miss my Papa terribly. I miss my best friend terribly.

I'm done with putting up a front. I'm done with being strong.
After 7 months, now is my time to grieve.

I wish I could hid my face in his chest and cry my hearts out. I wish I could have him stroking my hair and telling me that all will be okay. I wish I could see him smile and watch his excited face as he caught a fish on his fishing rod. I wish I could smell the musky scent of his after shave and feel the warmth of his loving hug when I'm back for a visit. I wish I could taste the cake he baked, and enjoy the fruit juices he was so good at making.

I wish I could have more time with my Papa. 22 years is not enough. I wish I could see him again, just once. Just once, so I can tell him just how much I Love him. So I can thank him for being such a wonderful, perfect dad.

I wish I didn't have to lose him.

Sometimes, I ponder at my own fate. Cruel. Painful. Yet kind in so many ways. The Man above has taken away the person I love the most, and gave me another. I guess, eventually I will come to terms with Life. At 22, I have not fully grasp the concept of loving my love ones. Maybe given time, I may gradually understand.


Given time...

Friday, July 16, 2010

I need to start blogging again! I wish there are more than 24 hours to my days, dont you? (:

Friday, June 25, 2010

Rainbow.

“We may run, walk, stumble, drive, or fly, but let us never lost sight of the reason for the journey, or miss a chance to see a rainbow on the way.”

Thursday, June 24, 2010

The Road Less Travelled.

Two roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveller, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;

Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same,

And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.

I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I--
I took the one less traveled by,
And that has made all the difference

Robert Frost

Monday, June 14, 2010

"1 Malaysia"

I grew up as a village kid in a Malay Kampung where we have a "Pak Cik" peddling his bicycle every morning selling Nasi Lemak and Tapai later on in the evening. Every morning, my mum and I would take a slow breezy morning walk to the market right next to the mosque for our daily marketing. There, We would meet Kak Nor, and Aunty Manjit for daily banters followed by Chai session in Aunty Manjit's place.

Those were the days. 
and...
That.. is my version of a "1 Malaysia".

And before i go, I'd like to leave you with another version of my "1 Malaysia", this time a visual version of it! Its a regular Friday and the girls in office decided to play dress up and come to work in traditional clothings! It's a lovely sight and you bet we had so much fun with the Photo session as well! Ü

The Girls, all lined up, looking stunning...


Your's truly, a rare close up shot with a colleague of mine both donned in Saree.

So, what is your own version of a "1 Malaysia" ?
Ü

Saturday, June 12, 2010

Tortured Genius.

Soo.... Its another one of those Saturday nights when I'm miserably cooped up at home with absolutely no where to go and nothing to do! Times like this usually brings my interests to surveys and quizzes on the net which i fill out purely for the fun of it. So here's one of those that I found on HappySurfer 's Blog that made my eye go O.O . Now I know the reason behind my Sleeping issues... ö
You Are 79% Tortured Genius


You are smart. Brilliant in fact. And while it's a blessing, it's also a curse.

Your head is filled with everything - grand ideas, insufferable worries, and a good deal of angst.

                                                         Are You a Tortured Genius?

Thursday, June 10, 2010

Scrabble


My best memory as a child would most probably be the rounds of Scrabbles with the family. Dad and Mom, Eldest brother and I, Second brother and Third Brother. Three Teams. That was how it has always been. We would fight over whether a certain word is existing in the dictionary and when it is, how can we forget the triumphant smug plastered on our faces? Oh yeah, Those were the days.

Now, as I'm sitting by my desk, typing this post, a round of Scrabble is on with a total random stranger; I'm starting to get a little choked up as vivid memories of my happy childhood is replaying in my mind. I guess I have to thank my parents for teaching me about the power of words, for it is where I started having the love for reading and writing.

Okay, got to get back to my game of Scrabbles as my opponent is taking the lead!

What's your Favourite board game? Ü

Thursday, June 3, 2010

Little Child.


Ü

A Home.

A soldier's little girl, whose father was being moved to a distant post, was sitting at the airport among her family's meager belongings.

The girl was sleepy. She leaned against the packs and duffel bags.

A lady came by, stopped, and patted her on the head.
"Poor child," she said. "You haven't got a home."

The child looked up in surprise.

"We do have a home ma'am," she said. "We just don't have a house to put it in."

- Mitch Albom : Have a Little Faith -

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The next time you're confused between what is a house, and what is a Home, I hope this story helps you out.

Wednesday, June 2, 2010

25 Secrets.

I was busy blog-hopping and came across this interesting post. I figured, why not right? Since I pretty much have some free time on hand at the moment. Hence, I decided to extract this post from the beautiful Chybeelila 's blog and decided to take a whack at it! So... Here goes nothing! ;)

25 Secrets You Do Not Know About:-
Cindy Eliza Vaz
1. Do not like the colour Pink although I do wear a lot of it.

2. Changes the ring-tone of my phone according to my mood.

3. Loves scented candles but never buy any of them :p

4. Is afraid to sleep in the dark!

5. My favourite food in the entire world would be mom's home cooked Filipino dish called Paksiw

6. When I was a kid, I've always wanted to marry a Fireman. I thought they were cool, I still do, just minus the "Marrying" them part.  

7. My idea of an Ideal Vacation is to do nothing but Read, Sun-tanning, and sipping a chilled Mojito by the beach. 

8. I am addicted to Shoes. Period.

9. My nieces and my nephew are my weakest Link! Ü In a good way!

10. I absolutely abhore Cikus because they smell like cough mixtures! Ughhhh..

11. I refresh my Facebook Profile page and Twitter Profile page over and over again - ALL the time. lol ;)

12. Sings in the Shower. Everyday!

13. Collects bottles after bottles of BodyShop Lotions!
14. Is very particular about my things being arranged in a certain way. I do not know if this is OCD but the moment I see my things messed up, I get pissed :p

15. Secretly enjoys songs from Boyzone and Michael Learns to Rock. Now it is not so much of a secret anymore.

16. First Celebrity Crush as a kid was Sylvester Stalone after watching "DayLight". Come on, which kid doesn't love Rocky Balboa?

17. I drink WAYYY too much coffee in a day.

18. I like to sit with my legs folded up on the chair - anywhere I am.

19. I'm seriously allergic to women who have no respect for themselves nor others.

20. I tell people I'm Chinese when I'm lazy to explain my heritage and roots. Ü

21. I am clumsy and I trip over things and fall all the time!

22. I like boring stuffs like Shakespeare, Tchaikovsky, instrumentals, Swan Lake, Miss Saigon and most of all Museums!

23. I write diaries and list out my Things To Do before I Turn 50 all the time, but never end up following them! :p

24. I have limited "VVIPs" in my life because I do not see the need to have so much friends who never really bothered.

25. I can NEVER leave home without my bag stuffed with a book, my wallet, mobile, inhaler, deodorant, and most of all, mineral water! Ü

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So there you go. What are 25 Secrets people do not generally know or realise about you?

Tuesday, June 1, 2010

Brothers.

Ü

Relay For Life 2010

Cancer has been a prominent disease everywhere these days. Loyal readers of my blog would come to know why I have been so passionately fighting for all Cancer Causes around the world and most especially here, in Malaysia. I lost both my mom and dad to cancer, dad being recently:- which is 5 months back.

When a Fellow Twitter friend, Harinder sent me a link via my Twitter inbox, I was a little hesitant and sceptical about it. Nevertheless, I decided to join Relay For Life after all. I figured, this would be the best way for me to overcome it. You see, I have not exactly been open about how I feel with regards to losing dad to a year long battle of cancer. I said I was okay, but people close to me knows I am still at a point of struggle.

My dad, was my everything.

Losing him have been a cruel blow and in a way, I think I have lost a part of myself which I know will never return. The whole Relay For Life journey turned out to be a bittersweet one for me. On that day, I smiled and I cried. I smiled for I was able to witness and listen to stories of survivors yet I cried as I was able to relate to the family members pain of losing a love one.

So here are a few pictures of the journey I made in Relay 4 Life 2010.

Relay For Life Banner

The Organisers

The Relay For Life-ers

Relay For Life-ers doing their part walking around the Track.

This four letter word is all they need and All things will be made possible.

This is my favourite Luminaria Tribute bag amongst the many thousands.
Simple and Beautiful.

This was my favourite Tent.

The Silat Masters strutting their skills in the name  of good Cause.

Last but not least, My favourite picture of the day:- The Cancer Survivors.
Each one of them has a story to tell and strength beyond your wildest imagination.

So, if this post actually succeeded in tugging your heart-string a little, perhaps, you can consider joining us next year in Relay For Life 2011? Ü

Until then, have a good week ahead.

Rust.

“What's given shines, What's received is rusty”
Benjamin Franklin quotes (American Statesman, Scientist, Philosopher, Printer, Writer and Inventor. 1706-1790)

Sunday, May 23, 2010

"I'm Sorry".

"I'm sorry doesn't always cut it. Maybe because we use it so many different ways. As a weapon, as an excuse, But when we ARE really sorry. When we use it right. When we mean it. When your actions say what your words could never. When we get it right, I'm sorry is perfect. When we get it right, "I'm sorry," is redemption."

This quote was posted on FB by one of my colleague. The first thing that came to mind was unfortunately, not everyone meant it when they utter these crucial words. Some people say it to make themselves feel better, to shade their own mistakes, or to pretend as though they really repented. What people do not realise is that these are the most crucial words in bringing a conflict to an end. These are the most crucial words, in any areas of communication.

So dear peeps, the next time you mutter these words, make damn sure you really mean it, for you do not know what you might lose.

Friday, May 21, 2010

I will be back Soonish!
Promise!
Too much stuffs going on in Real world that i need to sort of halt my Reel world for a bit. Be patient. Just a few more days left! Ü

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I wish you all a fab weekend ahead! ♥

Monday, May 17, 2010

Tears.

When, is a person, at his/ her most beautiful, to you?

Its when the person cries. Tears. Vulnerability. All Facade fades away. All walls tumbled.
There's only that person, and tears, cascading down his/her cheeks.

That; To me, is what I call Beauty.
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Heaven knows we need never be ashamed of our tears, for they are rain upon the blinding dust of earth, overlying our hard hearts. ~Charles Dickens, Great Expectations, 1860

Wednesday, May 12, 2010

Judicial Binding Precedent Vs. Judge Made Law

I was just reading through some of my old assignments back in my college days and found this interesting topic of discussion, which needless to say, have been one of my favourite topics to debate on for the very simple reason that there is no one straight answer to this question: - Which is better? Judicial Binding Precedent, or... Judge Made Law? Hence, I then decided to actually read up a little to refresh my memory and blog about this issue, which at the present moment is still a huge topic of discussion over at United Kingdom.

I need to warn you though, this blog post may be a tad bit too technical for you guys out there intending on having a lighter read. Lots of Legal related issues and jargons to boot. I'm sure though, a few of my college mates (namely Ikhwan: i know you're reading this) would get a kick out of  this.

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The question on judicial precedent being the binding precedent has to be distinctly differentiated. Binding precedent confirms to the hierarchy of courts whereas mere precedent could be persuasive. Today, this doctrine is in the danger of fading off due to the departure mechanism being a tool for judges to move away from the precedent created by higher courts or the same capacity courts. Whilst such endeavor, the question arises does this leads to judges to be a “judicial legislator” ie: to make law. This discretion apparently is argued as too liberal because the orthodox belief that judge should only interpret statutes and higher court’s decision by looking into the “ratio decidendi” and “obiter dicta” is being defeated. Obviously, this is their constitutional role.


The doctrine of “stare decisis” would sufficiently mean all cases which have similar facts that shall be treated alike simply for the reason for the degree of certainty and in order to avoid injustice at the same time restricts unduly development of law to some extent. However, what generally binds is the ratio decidendi which is the material significant decision and not the obiter dicta which is merely the significant opinion or view provided by either assenting or dissenting judges in the higher court. This argument today is being whittle down for the reason of the attitude of judges ie: the school of thought of declaratory theory and judge made law theory.

Judges who adhere to the declaratory theory of law where the allegiance owed to the parliament which is considered to be the most supreme law making body based on doctrine of parliamentary supremacy and notion of separation of powers, judges consider themselves to be merely interpretative. Those who belonged to this school of thought undoubtedly Ld Simmonds, Ld Hodson and Ld Salmon who do not give room for judicial creativity and label themselves as passivists judge.

On the contrary, some judges do create reasons and do not want to mechanically follow higher court’s decision by creating new law or expanding the old law. The question is who lingers on this arguments without doubt is Ld Denning or Ld Woolf who have this contention that they’re activist judge whom I would daringly say has created many rooms on judicial creativity. One of the case that ought to be applauded by Ld Denning was Central London Property Trust v High Trees House where he championed the doctrine of Promissory Estoppel and also in the case of Brb v Harington that an occupier owes a duty of care to non-visitors based on grounds of common humanity which later this principle was formed in the Occupier’s Liability Act 1984. this evidently shows that activists judges have prompted parliament to enact law while the conservative beliefs would be enactment of Parliament prompted judges to make law.

To reconcile this two position could be an attempt which would be beyond imagination because this is two different world of school of thoughts. It can be easily concluded that it is the attitude of judges respectively that brings about the judge made law theory on their own whims and fancies probably out of necessity and for want of justice.

However, the departing tools of the exception as laid out by Ld Gardiner in Practice Statement 1966 for the HoL and the Young v Bristol Aeroplane exception has seeped into the system besides the distinguishing factors as what Prof. M. Zander profoundly said “distinguishing the undistinguishable” to some extent.

Hence, there seems to be too many opinions on whether this doctrine of binding precedent is a myth or is it a rule of law that all judges should adapt the “stare decisis” attitude. Prof. Glanville Williams found it strange that the authority that precedent is binding them is the normal HoL instead of parliamentary authority. This clearly indicates why should a judge follow higher authority’s decision besides parliament. Sir Rubert Cross was on the contrary opinion where he indicated that a judge is bound by ratio decidendi. This jurisprudential debate has been going too long . however, there has been no attempt by parliamentto put a stop, hinder or prevent that judge made law theory. But whenever lower courts depart from their decision, [higher courts] they are normally reprimanded and admonished upon an appeal either by overruling or reversing which is best illustrated when Murphy v Brentwood District Council overruled Anns v Merton, Anderton v Ryan being overruled by R v Shivpuri, and DPP v Lynch being overruled by R v Harvey.

The question as to what extent the doctrine of binding precedent allows judges to make law would be to be accurately stated depends on other factors such as some judges would avoid the clutches of an unwelcome precedent. Some judges do not believe in the fairytales of cases. Some judges believe that an adjudication must be settled according to the growth of time and the sophistication of today’s world. some judges also believes that “nakedly usurping the function of parliament” as Ld Simmonds indicated and as what Ld Denning identified his position that at times judges ought to “fill up the gaps” that was unintended by parliament.

Looking at the above argument, it would be wrong to say that the doctrine of binding precedent allows judges to make law; but rather it helps to develop law w/o limits. Another stand would be the various departure mechanisms available to the judge although each mechanism can only be exercised with their respective limitations which again was created by judges has prompted jdges to make law rather. As what prof. M. Zander’s that precedents should be treated as the next best evidence rule” and judges will always wish to have the best evidence or precedents as the case may be. This view reflects the fluidity and flexibility of the common law system and the actual practice of courts.

Friday, May 7, 2010

My Little Happy Pill.

I have been busy as of late.
But... Amidst the rainy days in KL, is a SunShine in my life.
We have a new addition to the family. Check HIM out ;)

-Introducing Edward Joseph Vaz-
Say "O"!
Angry Little Muppet was woken up by his dad for this pic :p
Isn't he just the cutest little thing? :D

With all recent happenings during 2009, I'm just glad that things are starting to look shiny-er now. With Little Edward's presence in the family, there are laughter once again surrounding the home. But one thing though..... Edward's dad, has already made plans to make him the next race car driver..... I should've guessed..... =|

Oh well, I guess like they said, It runs in the family eh? Ü

Now If you'll excuse me.. I'm gonna go 'oooh...' and 'aaaahhh...' over my new little Nephew... Have a great weekend!

Sunday, May 2, 2010

Productive Weekend.

I have been feeling rather Nostalgic as of late. The fact that I have had no net connection at home for the past five days wasn't helping at all. So what did I ended up doing?

  1. Spring Cleaning the entire house
  2. Grocery Shopping
  3. Movie Marathon
  4. Reading Marathon
  5. Attempted to write a short story (Note: Attempted: It's not done yet!)
  6. Book Shopping (Again!)
  7. CD Shopping
  8. Dinner with friends (Way Overdue)
  9. Explore KL (And found some amazing places too!)
  10. Watch Night Lights at Look Out Point.

A productive weekend indeed. Look where I end up now? Stuck in my room with two boxes of Tissue Papers, sneezing away. Oh, the joy of Life. I'm Almost Happy. Now, all I need is an extra box of Tissue, I'll be fine. *winks*

How was your weekend?

Night Lights. Twin Tower.

Two Things I Like Best:
  • Photography.
  • Night Lights.

Both of these, are found in this one picture I took some time back.

AND.....

I... Have a Confession..

I've been living here for the past two years, but I have literally, never been inside these Twin Towers! ;)
Talk about being a Village girl eh? :p

Where is One place you Could've been to but never did?
Ü

You're Still The One - Shania Twain in Courtesy of Lee DeWyze from american Idol!

Was Just running through my thousand playlists on my laptop and actually found this amazing old piece that have always and still is a personal favourite song of mine!
-----------------------------------------------------------------------------------------------



You're Still The One - Shania Twain

(When I first saw you, I saw love. And the first time you touched me, I felt love. And after all this time, you're still the one I love.)

mmmmmmmmm yeah


Looks like we made it

Look how far we've come my baby

We might've took the long way

We knew we'd get there someday



They said, "I'll bet they'll never make it"

But just look at us holdin' on

We're still together still goin' strong



(mmm)



(You're still the one)

You're still the one I run to

The one that I belong to

You're still the one I want for life

(You're still the one)

You're still the one that I love

The only one I dream of

You're still the one I kiss good night



Ain't nothin' better

We beat the odds together

I'm glad we didn't listen

Look at what we would be missin'



They said, "I'll bet they'll never make it"

But just look at us holdin' on

We're still together still going strong



(You're still the one)

You're still the one I run to

The one that I belong to

You're still the one I want for life

(You're still the one)

You're still the one that I love

The only one I dream of

You're still the one I kiss good night

You're still the one



(oooooooo) yeah!



(You're still the one)

You're still the one I run to

The one that I belong to

You're still the one I want for life ooooo yeah

(You're still the one)

You're still the one that I love

The only one I dream of

You're still the one I kiss good night



I'm so glad we made it

Look how far we've come my baby...

Friday, April 23, 2010

Sorry Bloggers, have been pretty busy as of late. With mechanicals delay and the recent Volcanic outburst in the European region, I have been absolutely swamped with work!

Blog-hopping over the weekend, and hopefully i'll be able to beep by every single blog on my blog-roll!!

Thank you for all your kind patience honey buns!

Friday, April 16, 2010

Green is spelled as Cindy!

Your Name is Green



Your name tells people that you are harmonious and balanced. You've got it together, and it shows.

You are hopeful and optimistic. You know it's not over until it's over, and you keep fighting until the end.

People see you as peaceful to the point of being zen. You won't allow anything to get under your skin.

You struggle with envy at times, but you never let it show. You believe that jealousy is a weakness, and you try not to let yourself indulge in it.

                                                                 What Color Is Your Name?

 
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As I was blog-hopping through my regular blog-lists, I came across this interesting Quiz thingy, on HappySurfer's blog. Interestingly, when I keyed in my name, the colour that matched my name happens to also be my favourite colour. Coincidence, no?
 
What colour is your name then? Ü

Tuesday, April 13, 2010

The Shadow.


I am haunted by shadows of the past. I fear. I tremble. I fall to my feet. Like nightmares, I often wake up screaming in the night. During the day, I often wondered what could have been.

So today, I made a pact. I kissed The Shadow softly on the cheek and bidded my last goodbye.
I no longer want to live in the past.

I'm forging ahead. I'm living in the Now.
Are you?