Malta Law and Government Quiz

UBI SOCIETAS IBI IUS

• A maxim meaning that law is present in all forms of stable political organisations
• Arising from social collaboration

The Nuremberg Trial and its Legacy

• The first international war crimes tribunal in history
• Exposed the true extent of German atrocities
• Held prominent Nazis accountable for their crimes

Jurisprudence

• Provides a theoretical foundation for the principles of law
• Enables the discovery of legal fallacies
• Teaches lawyers, law students, judges, jurists, and legislators to think legally and conduct their activities more efficiently

Ganado's Four Tenets

• Jus: The basic concept of law or rights that govern society. It encompasses rules and principles guiding actions and relationships.
• Jurisprudentia: The study or knowledge of law. Includes understanding how laws are made, interpreted, and applied by legal experts.
• Justitia: Justice, fairness in the application of laws to ensure equal treatment under the law.
• Aequitas: Equity or fairness in the application of law. Making legal decisions that consider individual cases, not just rules.

Case Law

• Law based on judicial decisions rather than constitutions, statutes, or regulations
• Resolves unique disputes by courts using evidence of concrete facts.

Natural Law

• Universal principles that apply to everyone, everywhere, and at all times.
• Not written down, but based on reason or innate human understanding of right and wrong.
• Natural Law philosophy helps explain why positive laws (created by governments) have power
• Helps understand how laws created by governments may be valid even without directly following natural law principles.

Law in Society

• UBI SOCIETAS IBI IUS – “Wherever there is society, there is law.”
• Law touches every aspect of society

The Constitution

• Highest law of the land
• Establishes uniformity of conduct and ensures ethical behavior
• Protects individual freedoms enshrined in the Constitution
• Underpins the foundation of the entire legal and political system

Custom in Law

• Rules or practices developed over time based on community agreement.
• Not formally written, but followed consistently.
• Helps fill in gaps in written laws
• Proved with legal opinions, or stated necessities by society

Primary Legislation

• Main laws passed directly by the parliament
• Often called acts or statutes
• Includes codes, major legal documents, and specific laws

Secondary Legislation

• Laws created by other authorities under primary laws
• Includes legal notices (official notices that change or create laws) and bye-laws (local rules)

Legal Process

• First Reading: Law introduced to Parliament and its title is read.
• Second Reading: Parliamentarians discuss main ideas and principles of the law.
• Committee Stage: A smaller group of parliamentarians reviews the law and suggests improvements.
• Report Stage: The committee reports its alterations back to parliament.
• Third Reading: Parliamentarians vote on the final version of the law.
• Delegated or subsidiary legislation: Parliament allows other bodies to create laws in certain areas and can create secondary laws to support primary laws

Separation of Powers

• System where government is divided into three branches: Legislative (makes laws), Executive (enforces laws) and Judicial (interprets and applies laws).
• These branches balance and check each other to avoid dictatorship or errors.

The Judiciary

• Interprets laws and ensures they are applied fairly, using the Constitution

The Courts of Malta

• Court of Magistrates: Handles less serious cases, as well as acting as a court of inquiry
• Juvenile Court: Handles cases involving minors
• Criminal Court: Handles more serious crimes
• Court of Criminal Appeal: Reviews cases for errors in law
• Constitution Court

Primary Written Sources of Maltese Law

• The Constitution
• Acts of Parliament (Primary Legislation)
• Subsidiary Legislation
• EU Law
• International Treaties
• Decisions of courts, like the Constitutional Court, and Court of Appeal

International Law

• Deals with rules and agreements between countries
• Covers areas like treaties, human rights, and government responsibilities to each other

Private International Law

• Deals with legal issues that cross borders involving individuals or businesses

Treaties

• Official agreements between countries
• Follow international law
• Can cover a variety of issues from trade agreements to agreements on human rights
• Important to note that even if Malta signs a treaty, it doesn't automatically become a part of Maltese law until Parliament makes it officially part of the national legal system

Criminal Law

• Deals with actions that harm society or disrupt public order
• Outlines punishments for breaking the law
• Deals with the different types of wrongdoing to society
• Defines what a legal wrong is in that jurisdiction
• The law is designed to identify, deter, and punish wrongdoing that harms the community

Civil Law

• Involves private disputes between individuals like accidents, contracts, and family matters
• Aims at fixing the harm caused, and not punishing the individual

Classification of Criminal Offences

• Offences of Commission: Actions
• Offences of Omission: Failures to act
• Formal Offences: Offences based on the law itself, regardless of harm caused
• Material Offences: Offences that cause harm
• Simple Offences: Single act
• Complex Offences: Multiple actions
• Continuous Offences: Crimes happening over a period
• Continuing Offences: Crimes with ongoing effects
• The Nature and Gravity of the Offence: How serious the crime is

Criminal Liability

• Mens Rea (guilty mind): Intent
• Actus Reus (guilty act): The act committed

Exemptions from Criminal Responsibility

• Mental illness
• Lack of understanding due to age or intoxication
• Lack of control due to coercion or force

Punishment

• Deterrent: Discouraging crime
• Retributive (e.g., eye for an eye): Punishing for the sake of retribution
• Reformative: Helping the offender change for the better

Operational Period

• Time constraints on a suspended sentence
• The period during which the person is under a suspended sentence

Probation

• A way to avoid prison for a convicted person, but placed under the supervision of a probation officer

Repeating an Offence (Recidivism)

• Repeat offenders may also face more severe punishments, especially for the new crime

Courts of Jurisdiction

• Court of Magistrates
• Court of Inquiry
• Juvenile Court
• Criminal Court
• Court of Criminal Appeal