| You Are 79% Tortured Genius |
 Your head is filled with everything - grand ideas, insufferable worries, and a good deal of angst. |
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
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
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! ;)
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So there you go. What are 25 Secrets people do not generally know or realise about you?
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
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.
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
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.
*******************
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.
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.
----------------------------------------------------------------
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?
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?
- Spring Cleaning the entire house
- Grocery Shopping
- Movie Marathon
- Reading Marathon
- Attempted to write a short story (Note: Attempted: It's not done yet!)
- Book Shopping (Again!)
- CD Shopping
- Dinner with friends (Way Overdue)
- Explore KL (And found some amazing places too!)
- 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!
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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. |
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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?
Friday, April 9, 2010
Rain. Cold. Soup. Weirdness. Cindy.
It is a cold rainy morning today. I've always LOVED rain. I love the rain, I love the coolness of the wind, I love the smell of the soil on the ground. I know. I've always been sort of weird like that.
But you know whats the one thing I Love about cold weather?
A hot bowl of soup. Like Steamy hot!
But you know whats the one thing I Love about cold weather?
A hot bowl of soup. Like Steamy hot!
Yeap. I'm weird like that. Ü
And now, I'm just typing randomly. Random alphabets too: bsjbvfkldgfbjgf,h.
I am weird like that. =D
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