Should judges condone inequitable behaviour of counsel?

How far should lawyers go to win a case? And how long should judges refuse to sanction counsel’s egregious conduct? Advocates and solicitors ( ‘lawyer’ and ‘counsel’ are used interchangeably) always must exhibit the highest level of professional conduct. They must always uphold the dignity of the profession and the interest of justice. Towards opposing counsel they must show candour, courtesy and fairness. No one should deceive a court, or his or ...

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Easing the delivery of Justice to the nation

How is the delivery of Justice to the nation to be eased? Everyone complains. Can someone say something helpful, for once? This missive is directed at those who are at the heart of the justice business, namely: - The Judiciary; The Attorney General’s Chambers, State Legal Advisers of all States, Judicial and Legal Services, and Private legal practitioners:- Malaysian Bar, the Sabah Law Society, Advocates Association of Sarawak The universities–both public and private; and  Parliament, which makes, and ...

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What are the Bozson and Salaman tests in law?

[March 7, 2017] No it has nothing to do with a salamander! The question is a simple one. The Bozson and Salaman Tests are straightforward. They refer to the two sides of the same coin. They concern two cases: Bozson v Altrincham Urban District Council [1903] 1 KB 547  and  Abd Salaman v Warner [1891] 1 QB 734. These two tests differentiate between a 'final order' and an 'interlocutory order'. Where a case has started, it may proceed ...

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The difference between a power and a right

A right is inherent. It does not have to be written down anywhere. For example, the right to life, the right to religious freedom, the right to speak freely, or the right to associate with anyone one chooses. Some writers refer to rights enshrined in the Constitution. These inalienable rights above are different, and far superior to constitutional rights. A power has its genesis either in constitutional law, common law or ...

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What is the difference between ‘evidential burden of proof’ and ‘legal burden of proof’?

Najib Razak has been charged.  What will the prosecution have to do to succeed?  What will the Defence counsel do to break the prosecution case? One of things both sides will be doing is to look at the legal burden of proof and evidential burden of proof.  What is that? An example will do to assist in understanding this concept. Suppose someone has been murdered. A person (A) has been charged. The question is: ...

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