Solicitors Clerk

Short grades for the Etudiants of Law that take the Practice or Professional CLP

THE FACTORS DETERMINANT PLEA malaisien

Which is plea?

-A merger of various competences that render capable a lawyer to execute properly in ct.

-Knowing to speak

-Using the just words, the intonation, conceive,

-The capacity to ask of the the questions to correct to obtain the responses u objective for,

-The capacity to present the argument in a manner to persuade the judge to agree with your version of the history.

-The being good in lang w/o knowing that the style is useless. Inversely

-T/4 this is a merger.

C. -a -d. : Present the case, asking the question, obtaining from the news of the witnesses, doing the declarations, the arguments base on the research &the amplifier; the case laws.

First factor: The Court

1 of the factors that determine the plea of Msian: ct.

• The System of (Adversarial of System of Court)

Our system of ct is confrontation in the nature.

The system of confrontation of ct:

A system that foresees that the two protesting on the part have a duty to present their case before a judge.

-The duty of the judge - to listen the two sides b4 takes a decision.

-O'clock/e, in to listen the two sides, it has a right to ask &the amplifier; to clarify although it is x that his duty to ask the questions.

-X of judge takes an active role. Ecoute only &the amplifier; the guides.

-X done its own investigations &the amplifier; the interrogations.

-O'clock/e, it can look for clarification.

-The confrontation system - x of judge is implied.

-The lawyer all must present b4 him.

-O'clock/e, a judge is a human being.

-Some judges are forced to participate to guarantee that justice is done if the lawyers are x good. -There is judge also dogmatic that thinks as they are the only one a that what knows to do.

-The automatic transmission theoretically a judge is presumed x to ask the questions, there are some judges that ask more questions than the lawyers.

-There are also judges that will do x do does not import what &the amplifier; only to decide base on which you say.

-T/4 lawyers/the judges/mag/SAR - assures knows itself what the role &the amplifier; the to must is.

-The lawyer - knows owing to case, prepare the correct document, driving research correct &the amplifier; present it edloquemment to judge.

-The judge - listens what is presented, notes &the amplifier; clarify.

Q: How helps-t this improves the plea in Msia?

1. T/4 we cn creates better lawyers.

-The confrontation system foresees lawyers to present their case.

-Since a judge does x hv to participate, t/4 w/t as him/x, the lawyers hv to be prepared.

-Hv to be persuasive to render capable you to win your case.

-How? to improve competence, improve the research &the amplifier; klg, learn the art dispute itself properly b/c even if you hv the good order of language but of any done x research, how dispute your side of the history.

-It forces lawyers completely to be prepared &the amplifier; take the resp b/c if judges is done the investigation &the amplifier; ask the questions, there is not need for the lawyers &the amplifier; the confrontation system. We should enter just in the inquisitorial system.

-The confrontation system pushes of the lawyers to be better.

-That is there impacts of system of confrontation on plea, the capacities, competences.

-B/c if x improves competence &the amplifier; the capacity - will lose the case.

-If prepared x, arg will do x is sturdy enough.

-If x read on the case law &the amplifier; know the last law - arg will do x can be held.

Inquisitorial system

- The system applied in most of the European countries. It is the judges who ask the questions. The try the lawyer is just to prepare the case, the declaration, to bring the witness to ct, the required judge to the questions of witness. If x of happy judge, will direct his own investigation.

-The two systems want on does the justice of the angle of difference.

-In msia - the automatic transmission let us call us our confrontation system, the judges in a manner do the things now - the crosses of 2 systems.

-The required lawyers to the questions &the amplifier; the required judges their own series of questions.

-Sometimes the cases are put back to return able the judges &the amplifier; the parties implied to visit the crime scene.

-At the end of the day, as the judges, when they want to write their decision, they x uses simply the cases u gives them. There are some judges that are lazy &the amplifier; only to read the cases you give them. There are some judges, after hearing all the cases &the amplifier; the arguments, held down below the case for the decision &the amplifier; they do their own reading, prepare for that they will be happy with the decision that they did.

-Especially in mag/sar ct. When to take the decision, the chances are 1 party will appeal. As the members of judicial system, no judge wants that his decision to be reversed. If mag/sar -wd bothers to have a lot of cases they decided reversed to the call state.

T/4 they hv them own pride. the need to be happy in their decision for that their more top judges ct consents w it.

T/4 the system of ct has an impact on the plea of msia.

Second factor: The Judge

-The judges that determine themselves also the plea of Msian.

-Sometimes, the judges as your style &the amplifier; the manner that you carry &the amplifier; the u in a manner presents your case.

-Sometimes does not import how hard you try, the judge does not like you just.

-The influential judges on your capacity to present your case

-As the lawyers, the knowledge need that your judges are, how it wants things done etc.

Eg: 1 needs of judge you to use bolder characters with the biggest size of police.

The automatic transmission your document is x bad, if it does it the difference for him to read your document, it is x gonna decides in your service.

Even if it is gonna decides in favor of you, the facts the difference for you, as to ask of the a lot of questions &the amplifier; you interrupting.

-In to present case, if x of judge as the manner that you present, do not push.

Eg: if the judge says x of pertinent problem etc. does not push. otherwise, it will not listen you.

Eg: it wants to speak you slowly for that it cn writes. if you continue to speaking quicker, it will not listen.

-T4 knowledge need the judge.

-You want the judge to like you &the amplifier; is impressed with your execution.

-O'clock/e, do not go out the judge for the dinner, the golf etc.

-It is your competence, your capacity, arg that helps him as you.

Third factor: The officer of the Court

eg: the clerks of ct, the interpreters, classify rescuers

-They are the people of imp. Do not look at down below on them otherwise they will not call your file, find your file etc

-To be friends with them for that you life are easier.

-Even with the policeman, pages etc.

-But not bribe/them to ask to do the things they shd x done.

-If to know them &the amplifier; are friendly with them - they wd influences also your plea.

Eg: to know the file rescuer - will find the file quickly. t/4 cn continues with the case.

Itself impolite to him - will not find your file - cannot continue.

Fourth factor: The Counsel

The influential counsels also on the plea of sian of Mr.

• Its duties

- to itself - to maintain integrity

- profession - To Maintain the professionalisme.

- customer -To assure that his interest is protected.

- court - To Guarantee justice arrived to.

• His profession - professional integrity &the amplifier; the independence

-This to juggle duties cn impact msian plea. -Sometimes we forget that our principal duty is.

-Sometimes we are too anxious to please our customer that we forget that there are certain things that we cannot do. eg: the news of skin, the lie, create evid etc just b/c that we want to help our customer.

-A duties of the lawyer to the whole cn of party of difference sometimes advances him outside the right way &the amplifier; destroy the effort that it let its plea competences improve &the amplifier; the plea of msian as a body.

-To decide which to must comes first, which is the duty of the more of imp is easy x. You want to defend the customer &the amplifier; protect his interest but to the same need of time to guarantee justice arrived to.

-If the customer is innocent, t/4 you fight for justice &the amplifier; the customer.

-If the customer is guilty - probably. If it refuses to plead guilty &the amplifier; need u to defend it &the amplifier; to obtain it from boredom - then u can deny justice.

-T/4 the role &the amplifier; the duty to oneself, to the profession, to the customer, ct - hv to balance properly for that u x crosses &the amplifier; to do something x allowed.

-No specific manner. But if you x goes against the instruction of the customer &the amplifier; the x lie to ct - then u wd hv maintained with success your integrity, your professionalisme &the amplifier; at the end of the day, w/e that the ct decides, u hv tried ur better the just manner.

-U hv the right to the counsel customer b4 to begin proceeding &the amplifier; b4 puts itself to the defense.

Eg: it committed the offence. the need to plead guilty etc. provided that hv said the customer the truth &the amplifier; if it always the need of x to listen your counsel - then this is of your hands.

8 lamps of Plea

Honesty

Courage

The spirit -to remain the alarm and observer; is prepared to does not import what

Eloquent-avoant or exercise the strength of easy, energetic and fitting speech

The tact - the competence in treaty of the difficult or delicate positions.

Industry

Judgement

Comradeship

PROVISION

Which is the provision direction?

A contractual relation between a lawyer counsel and his customer, in the return for correct remuneration, the lawyer counsel furnishes legal services to the customer.

Can a minor keep a lawyer?

Not because generally the provision implies the capacity to enter into the contract, that a minor is not able to enter into the contract. Nevertheless, a minor can do if by the custodian announcement litem

Can a lawyer refuse to be kept? Why?

Yes, there is several good reasons for a lawyer to refuse:

1. Where the customer instructs (expressly/impliedly) to execute an illegal act
2. If the provision exists, there will be the interest conflict
3. There can be the failure of relation of confidence &the amplifier; confidence
4. Where there can be the possibility that the customer does not pay its legal expenses.

Is how much of the types of provisions there?

There are 2 types of provision:

1. Provision expresse
   1. The written provision ae" the existence of written provision avoids poorly to understand
   2. The oral provision ae" it orally can be consented to keep a lawyer
   3. Implicit provision

The court can imply a provision for the facts of the case

Are accused rights of a person in the criminal recognize the even as the rights of an accused in the civil matter in the matter of the appointment of a provision? Why?

The right of accused person to name a provision is different of civil one. The right to name a lawyer could be delayed by the police. This is because the presence of a lawyer during the interrogation can interrupt the interrogation. Nevertheless, the police needs to justify the reason for the delay to avoid is prosecuted to violate accused the constitutional rights of the persons.

Would under which circumstances it be considered as "an intervention with the provision"?

1. When the effective lawyer for 2 parties in the same question
2. When the lawyer counsel or his act closes for 1 customer and another customer in the different question but their interests opposes themselves.
3. When the customer instructs that it wants the lawyer to treat his question, but the lawyer asked his assistance to treat the question.

Which would be the effect if there is an intervention with a provision?

There can be an interest conflict.

Can a customer finish a provision?

Yes, on the conclusion of the question.

What does need to be done before the collection or before the provision conclusion?

The lawyer counsel will inform customer how much to be paid and bills the customer.

THE PREPARATION FOR THE PROCES

Personal preparation

• The fact knowledge

You need knowledge owing to case to the point of bouts of the finger. Then, direct your own discussion. The lawyers need knowledge the entire history. When you know the facts well, it will give you the idea on how to propose arguments.

• The law knowledge

When you know facts, you will know which sector of implied law in the case of your customer. Then, you need to do the research on this law sector

• The procedure knowledge

There are the different structures of court. The different courts imply different procedures. If you need knowledge that the implied procedures in treaties the case. Where the procedures correctly are followed, it will do the work of the easy judge. The judge is so human and when you done it to feel good, it will help you. When the procedures are followed, it it easier fact to transfer to your arguments on the law points.

• Legal research

The research personally must be done and to bottom. When the research is well done, you will feel more confiding in your argument. This will strengthen your knowledge of law and you will know to suit it with the facts of your case.

• The preparation of flow of the papers - the civil litigation. (The packages of Documents, Plead &the amplifier; Authorities)

The criminal cases do not have a lot of documents. Only the FIR, the report of IO (so any) the load leaf (so any). the other pertinent so any reports lawyers that acts for @ x same hv to classify a stmt of def. if the x need to classify the notification that you hv was engaged to represent @, just to go to ct on this day &the amplifier; the position informs in high ct What you represent the @.

The civil questions - a lot of documents must be prepared.

First document that you must prepare is the request notification.

Second. - So not itself in accordance with the request notification- the problem quotations, SOC.

so high ct - soc o'clock to come wrote quotation

If to lower ct - soc lights his clean one.

third - the declaration under service oath

The quotations must be served. The so other side knows that the quotations were classified

Fourth ae" the Accused must enter the appearance &the amplifier; the file CLOD.

If Pitying does not have any good case, normally the judgement of summary of file

The courts as the things any structure &the amplifier; in the order.

They will ask you then to prepare packages.

The packages in the court:

1) the packages of pleads

This includes SOC &the amplifier; the CLOD

O18 ROHC - pleads

-the mention of x of the declaration under oath

The declaration under oath - the fact series ready by the implied parties to support their application &the amplifier; x the complaint itself.

Therefore, the declaration under oath is x one to plead &the amplifier; x included in the package of pleads

2) the document packages

Med retrieves - the consideration of w of complaint to the accident.

agmt - claims for ctt

land the title - the complaint for the earth questions

do - the complaint under l'homologation/l'edgard of w to the probate transmission

A lot of types of documents.

These documents are document evid.

if ptf - to prove the case

dft - to refute the case

The series of o'clock of ptf of the documents dft hv rule of documents.

2 manners to prepare packages of documents.

The pleasant lawyers wd documents of party ptf wd sends their documents to dft &the amplifier; ask if dft consents if they refer themselves to the documents.

dft sends then their documents to ptf &the amplifier; ask if the object of ptf

Wd came to the agreement that foresees that the first series of document - the consented package of the documents sometimes there are documents that u x consents - wd is suicidal to your case to consent - not consented of the packages.

sometimes, there are categories of documents where u consents that the documents exist but x satisfied the content of W. t/4 u hv a third category - accepted of that the document but subj to the manufacturer is called

Eg: to consent that the report of med exists but wants to call the document to inform itself on the injury range.

U consents that there is the injury. but x satisfied w report written.

B/c consented of the packages of document - if the two parties consent, u exempts the need of w to call the manufacturer.

T/4 of ordinary one in in the morning to hear, the lawyers go early &the amplifier; at that very moment to consent on the certain documents.

Probably b/c sometimes lawyers need to consult the customer of W.

T/4 more better to do early.

The authority package

Recognize laws that the need of u refer itself in the audience.

Sometimes find u of the lawyers that put in the copies of pertinent laws/divide to the audience.

Nevertheless, the chapters of books/the extracts of newspapers are authorities only of the persuasive ones. The judges are not the limit to follow the opinion of authors.

Witness

• List
• Discussion
• The counsel on the procedures

The need of knowledge of the facts because the need to prepare in has objections the project as for how you will direct your accusation.

If you act for the accused - the need to plan how to defend the customer.

The witnesses - no 1 type of witnesses. Someone can withstand a lot of interrogations. Someone tend to be distracted.

Once you have their history, their stmt, prepare a stmt writes because you cannot depend on your memory, the error can arrive.

Some said lawyers that you need to obtain your witness to read the witness stmt b/c in case it changes his history in ct. with the stmt that it signed, u can accuse your witness.

Nevertheless, our attempt is x to destroy his reputation but to prove our case. The need to be pleasant to our witness. Do not destroy your own witness.

Once you have the history &the amplifier; the witnesses were identified, you need to have a list of which elements to be proved, That to be called to prove the elements.

Once the list of hv of witnesses, also to need at the counsel witness on what the procedure Is as. The need to do them confiding &the amplifier; comfortable with the idea to be in the court. the need to do the feel that they are sure in your hands.

Some witnesses - regardless of says you, imports only it is crucial important/how his testimony is, some rubbish to go in justice.

Then, Quotation can be distributed to call the witness that demands their assistance.

If the quotation distributed &the amplifier; served on the witness, it must attend. If it does not attend, it would have committed contempt

Therefore it forces the witness to go to ct if it likes it or not

O'clock/e, sometimes, it can do more of poorly than good one. Especially when you have a witness that refuses to cooperate.

Eg: it can say that it forgot accident.

T/4 hv to watch out. tries your more better to persuade wtns to come gladly. if hv no choice but to distribute the quotation - watches out him.

The quotation service can be done by the ct. can obtain the assistance of officers of police/possess the clerk/you to serve.

The witness is x limit by the law to help. Can refuse help/say that x sait/x sees does not import what.

If hv no choice - the last station = accusing your witness.

O'clock/e, your objective is x to destroy his character/the credibility.

The objective of ur is to prove your case.

But if hv no other choice, when the placement the position, it x supports your case.

So cannot correct poorly caused by the hostile witness - no other choice but to accuse.

• Negotiation and Regulation

These days more of lawyers avoids audiences.

They go for 'the position of victory victory'.

Some required lawyers to the first customer if it wants the lawyer to negotiate for a regulation.

Someone enter into the first negotiation &the amplifier; once to have the initial offer, only then will go to the customer &the amplifier; asks to/w t accepts the regulation/x.

Inversely. If it wants to go to hear although it can x obtains as much according to to have won the case, the problem always could not be regulated.

RECONNAITRE PRESENTATION

The presentation of the case

You should come early to woo. It does to relax you &the amplifier; not in the haste. Also, you can do a last meticulous negotiations with the other lawyer (can always record the provided regulation that x of judge takes the decision. While coming early to ct- allows you to do last meticulous negotiations before the process itself)

When you defend your case, if acting for the pitying, the need to first introduces itself, if as the lawyer for ptf/l' studying of chambering.

This is professional morally correct for you to the introduction counsel for the other side.

It is better to go to ct early, the introduction you, the discovery out their name even if the regulation cannot be attained does you at least hv the name.

It shows has you correct ethics, the spectacles that you hv a manner to think about a professional to the introduction counsel for the other side.

If the introduction of x of u them, it left for the lawyer counsel to introduce itself. This is in contrast to the professional code.

If you are the lawyer counsel for dft &the amplifier; you hv already was introduced by ptf, done not DO the introduction the other side.

In to present your case in ct, there are times when the required judge questions you.

Then, reply to the questions.

If the manuscript of hv -can lack some points when the judge interrupts.

Do not foresee the judge to await you to arrive to the point. Reply to his question immediately nonetheless w/t you the reach of x of hv this point in there our submission nevertheless.

Probably: hvg writes the scenario of.

You religiously would have read the manuscript.

When the required judge to qstn. u will lose view where you were.

Then, try to stop the manuscript of hvg. So too depending on the manuscript could have boredoms.

Also when in the manuscript - the judge is on there.

You hide your face among the pages.

Look at the judge. the contact with the eyes is very important.

This is easier for a person to measure your held &the amplifier; verify w/t say you the truth if there is the contact with the eyes.

Therefore to have a manuscript done the assistance of x you if you also absorbed in handwritten the content of.

T/4 form of no hv.

Do not leave the manuscript ran the manner direct you your case.

In to present the case to ct, only 1 position of lawyer to any a time. If this is the bend of ptf, ptf is held.

If you submit, the required judge to the question to the lawyer of the accused, you must sit &the amplifier; the lawyer of the accused must be held &the amplifier; reply to the question

To any instant, while presenting the case b4 ct, maintain your posture.

Not put hands in the pants pocket because this is an extreme sign of impoliteness

The can more do you a little is put in the coat pocket.

Seize the platform, the table, the book etc.

Woo the assistance

• Time/l' exactness

Punctual Etre

So last, but the pleasant interpreter &the amplifier; you like, it will do x calls your first case. It will await you to enter the court piece before the call case.

The worse scenario of case is when x of interpreter as you &the amplifier; you are not about when it calls your case. The worse one that could arrive is the judge could order the judgement of summary or the strike of your complaint.

If you are lucky - the interpreter you like/the judge allows the case to be held down below/the case is put back.

Even if the case put back - pleasant x because you passed 1 week that prepares the case etc. if put back for 4 months - you cannot remember you of &the amplifier; will have to prepare again. This is a waste energy &the amplifier; the time.

If the witnesses of foreigner &the amplifier; hv paid them the price of the ticket of airplane &the amplifier; the benefits to come. but b/c that you are late, the case put back. Witneses x will reimburse their money. You must pay their expenditures.

Direct in the court

• Dress

You properly must be clothed in the court = following by the conditions.

The indication distributed by the bar malaisienne with the consideration to clothe.

When clothed properly, u feels confiding.

Your customer will be also confiding of you

O'clock/e, x all the judges are tolerant with the dress poorly assortu.

Some judges will say you in private your error but some will bother you just in ct.

Etre called &the amplifier; corrected b/c you are x clothed bothers properly.

Even after your case is held down below &the amplifier; you changed clothing - u cannot execute properly later. You will lose confidence

• Address

You should know to address the court. The difference manners to address the ct.

how to address

mag: tuan magistate

the meetings ct judges it - tuan hakim

the top judges ct - arif of yang

the judge of call of ct - the yang amat arif

SAR (tuan penolong kanan pendaftar) - tuan puan

Never try to be on polite while saying the magistrate of tuan of YA.

U thinks that u is pleasant &the amplifier; respectful.

This is as you equal the high mag of w of judge of ct/the meetings ct judges it. this is an insult. They are x the same level.

In addresting ct, hv to the introduction you.

the introduction of student of chambering:

"The mag of tuan of izin of Dengan, Daud of can of Mahyuddin of saya, the say kamar of dlm of pelatih tetuan Mahyuddin firm, Norlaili &the amplifier; Associates menyebut bagi pihakaeĤ..ae

Remember of, as a chambee, you mention only from your master, not representing the customer. The s 36(2) LPA furnishes the limited right of audience to appear in ct to do certain things from the business/the master.

Thus, so first minuteur in the court, prepare a manuscript.

When you the manuscript of hv - does the taken x it on. b/c when you frightened, your provisional title will shake.

To put it the table.

If the shaking hand - the gentleman - never put the hand in the pocket - the absolute sign of impoliteness.

Do not put the hand in the coat pocket.

Just taken it on to block the table &the amplifier; to put the hand.

Block the table rather big x to shake &the amplifier; at the same time said that you are confiding.

• The attitude towards the court

Respectful Etre to judge. Even if you know it exterior ct. You are x respecting the person him but to the bench, the establishment that it represents.

When u is at odds judges it w - "I beg to differ"

When the need to express the opinion that is the difference of the judge - hv to ask his permission

"I beg to differ - YA, the pandangan of bahawa of nyatakan of saya of izinkan YA of pandangan of dengan of berbeza of saya".

Never the spectacle that you disturb/show your anger. Do not get up &the amplifier; express your unfavorable opinion to judge. It can come back to the contempt of ct.

• Suspension

The suspension/the dismissal. It is different position down below.

Have a case was held down below - the case of hvg put back for some hours on the same day. ie: to put back the case to the same hour of difference of day.

Or to be held down below the case.

Sometimes when hv a lot of cts to go to, to ask this ct to be held down below recognizes first case of hv of u of b/c in high ct.

Then to go to high ct. Therefore your case will be called later in the day.

the suspension/the dismissal

Put back the case to the day of anor.

The dismissal is wise x. this is x encouraged.

The said rule that u must be ready on the date back to audience.

The said rule if u already case of hv, x supposed to take no other cases.

But there are times when u hv no choice. sometimes, especially in high ct, they will do x listens you.

eg: the case of hv of u repaired today but hv of judge somewhere to go t/4 they distribute u a word of letter that the case is postponenment to the date back to anor. ie repairs a date for you w/o gvg u a chance to say you hv already the case of anor of hv on this day. without asking you

Do not SUPPOSE that YOU ETES GONNA OBTAINS DISMISSAL

Do not obtain the lawyer of anor of the office of lawyers of anor to mention on your party. X of strength of customer consents. The confidence distributes

, Mentioning also on the party - the lawyers do not normally hv the file.

"YA, saya menyebut bagi pihak tetuan xxx kes untuk perbicaraan. saya diarah untuk memohon penangguhan".

If x of judge consents, will ask the case to proceed.

The x of lawyer knows that the case is a question of. But the judge the esteem now the lawyer in the load.

Therefore never suppose that the dismissal will be granted.

In the position where you need to ask P, ct req that you send at least a letter 7 days b4 hearing itself.

Ecrire in &the amplifier; the request for the dismissal.

Ct could consider if the case of anor of hv of u.

If the death/the disease - x knows in advance u will be sick/dead on this day. It is something that you ask on the spot.

For example: the hospitalized customer will be the good excuse.

but some judge will proceed with the other first witness

But normally, this is sick health, is kept is a good excuse.

The sick being is something that will necessitate you going to ct/sending a friend on this day &the amplifier; saying that the lawyer of b/c of dismissal of need of u in the load is sick.

Nevertheless, some judges demand MC of the hospitals of government.

Then, you need knowledge your judge. Not just to ask the dismissal for no good reason.

PROCEDURE OF ESSAY

• Civil and process criminal

-basic difference

1. Civil

The cases between the special one &the amplifier; does not imply State unless the state is a party to him

- The civil methods of beginning = wrote quotation, SOC etc.

1. Criminal

-Btwn n indv of the state = the bothered person does not load d accused itself, but they do a police report.

-To declare beginning for/or of action of d from the party = governed by CPC

• First declarations

-This is not to introduce counsel because this opens the address.

-Opening the declaration is the series of u on the card of road of d/the project.

Plan = in the matter of introduce proof (that u wants to prove)

Why the declaration of opening to do of hv of u? To have the judge of d interested in to hear case of d.

- Opening the declaration must be to seize attention of, the judge will listen u better if his to interest.

• Preliminary objections

- Meant to regulate problems for for example the competence of judge of d, the jurisdiction of the court.

- Is This d even as the objection?

The preliminary objection is before the process, the objection is during the process.

Eg: the objection on to cheat, without report, the opinion question, the speculation.

Cheat = u asks a question that takes to yes or no response

Without report = if this was the increase, required u the permission/l' occasion for the judge to allow u to ask what to construct a case. And it that is necessary. Explain to the judge of d on the relevancy of the that

What of opinion = the question that needs an opinion of the witness, and this witness is not expert if it is of no position to give the opinion

During the objection, u has "the half position", because only 1 lawyer should be held while addressing the judge.

• The examinations-in-the boss;

Take that is not allowed in the examination. Cannot ask our own witness that takes that, but u can ask to take that during the angry examination.

• upset examination;

U attacks the credibility of witness. Sometimes d of beginning of wud of lawyer of the defense crosses to tarnish the reputation of d to the witnesses by the pleasant being. Defense Wud is friendly, therefore the witness will be relaxs, then once required u a q that will tarnish the witness of d, then the witness will be right away the panic.

• Redexamen.

His last d chance to correct although bad does to d examination angry.

It is better for u to say the witness of tge this than will arrive to the angry examination. The witness of d of prudence of u. To warn it for not to panic.

Proof documentary

• The duty in order not to to cheat

• The closing declaration (submission)

-The chance gvn to solic (ptf/dft) to conclude the audience.

(After the whole W called, evid tendered, every1 o'clock was heard).

-It is 1 last chance for the lawyer counsel to summarize all that was put sassy before the ct to render capable them to persuade the ct to consent w their side of the history.

Submission Cn orally does/in the writing.

Depends on the judges &the amplifier; in a certain measure, the preference of the lawyer himself.

The superior lawyers - prefers oral submissions - hearing once ends, the counsel gets up to do submissions immediately. Impromptu base on their memory, short grade w/o the written text.

The junior lawyers - prefers written submissions - b/c

I. confidence

II. the order of the language

Iii. Klg of the law.

Written submission

When the case is finished, the court will allow the time for the lawyer to return &the amplifier; to prepare written submission in a months.

Therefore you have the time to read grades, all verify again said by W, read again authorities, rethink how the need to sketch the argument in the submission to be sensible.

Once sketched, can verify for the errors, for that the flow, lang, arg = corrects.

= more the points

O'clock/e, since hv was the time of gvn, the other side will be also the time of gvn. they checks it cn on the facts, read again on the law, verify on the untidy ones.

oral submission

Get up &the amplifier; do it. once it is done, on &the amplifier; does with.

But if the order of lang x good, can go out incorrectly &the amplifier; say things the means of x of u to say.

The sentence formation o'clock to be good.

Also, hv of strength of u reads poorly authorities.

The advantage point - if hv the voucher not at all, hv identified certain defects in the other case of the side, the position of u on &the amplifier; to say it &the amplifier; it can the time of hv of x to resume. to cover all the incoherences it o'clock did in the audience.

If written - wd thinks about him the whole time.

To write to a written submission is easy x.

probably w submission written

- U hv a lot of cases, t/4 to the spirit, few case that play. Few case that u hv to prepare written submission.

If you are the type that any manuscript down below properly, can refer itself to the grades &the amplifier; be confiding in what the said grade.

If you are the type of lawyer that talks about the wrist &the amplifier; no grades, sometimes, u can confuse the cases.

The judge all has down below in its event grades. When the increase of u does not distribute asserted in your argument writes, your judge will not consider it.

• The judgement [take direct of the grades of Shazana]

The types of j/m

I. the judgement in the defect

II. j/m of summary

iii. final j/m

iv. consents j/m

the defect judgement

2 types

1. j/m in the appearance defect

if dft does not classify an appearance/the notification of appearance

The case of aziz of Nasha - classified the appearance. o'clock of lawyer classified stmt of def but on to hear date, she did the x bend on t/4 ct distributed j/m in the appearance defect.

2. j/m in the defense defect

dft does not classify the declaration of defense

j/m of summary

an o'clock of defense to be classified but the ptf in to read the declaration of def feels that there is not defense. x a value of def that goes for the full audience. the false defense

T/4 files application interlocutoire in the form of SIC sustained by the declaration under oath.

Cn obtains also j/m if proves this is a false defense.

j/m by consent

When the two parties accept terms of j/m.

By consent, u records the pleasant j/m to the two parties.

j/m after the final audience

After o'clock of judge heard the two sides &the amplifier; considered all the evid &the amplifier; the arguments.

In the audience, if dft does not raise, j/m in cn by default is gvn.

If it is x w happy it, the series of cn aside the j/m.

It cannot appeal against JID b/c no audience, no grades of evid, no procedure.

Cannot ask the examination of the constitutionality of a law after JID b/c nothing to reconsider. only after hearing at least o'clock had finished. the examination of the constitutionality of a law - required u to the judge of anor to hv a looks at the case again &the amplifier; come to a difference decision.

cannot appeal JID to b/c is gvn b/c

I. the x bend in top

II. no defense

T/4 which one is there to appeal vs.

Ptf if the x bend in top in ct - complaint cn is scratched.

Cannot put aside. but to do a request of reinstatement.

Or when reinstatement is rejected by ct, hv quickly to classify the declaration of anor of complaint.

Will obtain the series of anor of case no, t/4 duties the excuse of gv to there of customer recognizes did not o'clock change.

Said Cn that ct o'clock added more cts &the amplifier; reshuffled the numbers of case.

The law = j/m o'clock to be pronounced.

The j/m o'clock to be announced in ct/read ct.

If the judge, after all to have read, &the amplifier; prepare the falls of sick/transferred j/m &the amplifier; cannot light the day of decision/dies.

The j/m can be pronounced by some1 of other. cd is by the judge of anor/the clerk of HC.

if the time of hv of x of judge to prepare j/m &the amplifier; dies,

Judge substitute cn chooses to read the files of evid &the amplifier; diverts a j/m of although is there. but sometimes the grades taken by the judge are x completes, t/4 it has a right to recall certain W to clarify questions. (also, the judge can x writes the held etc.)

It as o'clock as a right to declare the case of the novo &the amplifier; the beginning again. - X good.

The east better to recall certain W of key &the amplifier; certain rehear evid.

J/m o'clock to be pronounced.

X hv to be the person that takes the decision pronouncing the j/m.

If happy x with the series of cn of j/m aside if JID.

Can appeal if after the final audience.

Q: that dates continues the j/m?

The date it is pronounced but the date back to anor of order of cn of ct to be used. (O.42? RHC/IN under ct governs)

• Call

O. 55 &the amplifier; 56 of RHC

The call of cn to higher ct if x decision of happy w.

Of mag &the amplifier; the meeting - to HC.

Cannot appeal of mag to the o'clock of ct of its of b/c of its no jurisd of call.

If the case heard b4 SAR (in HC) &the amplifier; u is x w happy his decision - the call to the judge of HC in the rooms.

Only if x decision of happy w of judges HC in the rooms - can ask for a call to be heard in ct open.

Look at various orders to see time limit, which documents hv to prepare.

But basically, often the probably lawyers hv is x with the call notification. but probably with the reason of j/m. b/c judges the habit of hv to pronounce j/m w/o prepared the reason of j/m.

If to COA/Federal Reserve Bank ct - is prepared.

The junior lawyers rarely appeal there. higher - HC.

The judges of b/c know the law to their end of the finger &the amplifier; this is in the English.

OUTRAGE A MAGISTRATE

• Which is mistaken it?

The offence to be disobedient/disrespectful to the ct of law/to its officers.

Judge the strength of gvn &the amplifier; o'clock jurisd to quote lawyers for contempt.

If in top to judge - where to draw the line? which is the indication?

the indication to show an action/the disobedience is despising

The criteria judge usages - interferes itself with the justice administration, you cd is in contempt.

Probably: no law to say which is mistaken it.

It depends on the judge.

T/4 contempts - the law says ct o'clock jurisd. the strength of o'clock of judge to quote it for contempt.

If the party of implied otr in to proceed feels that some1 in to proceed it is despising, it could apply while going through the movement for this person to be quoted for the contempt by the judge even if the x of judge quote/x inclines to quote the person for contempt.

For example: the lawyer that disputes with the judge. The lawyer regulated questions to ask the witness &the amplifier; the said judge his pertinent x.

Nevertheless, you could have a good reason. Then, politely to say "I beg to differ YA. I understand from the standpoint it could appear as without report but please the bear with me. Please to allow me to ask this question &the amplifier; you will see that once the response is given, it will unveil his relevancy".

This oscillation, you always say the judge that u knows that you done, but in a polite manner. This not to be despising then,.

• Which are the contempt types?

• mistake criminal
• mistake civil

Mistake civil

-The failure to apply the order of ct of W.

Interferes itself with the justice administration, you can commit contempt

Mistake criminal

3 categories:

I. the contempt in front of the court.

B/c of act despising the more running it is the despising action that intervenes during the event when the ct is in to proceed. When u is in the piece of ct.

The certain actes/l'omission/les behaviors/the words were pronounced that could put in the certain position for the contempt in the fact of the ct.

II. subjudice comments on

The commentary did before the judgement was attained. Especially if it is published. the cd affects the correct delivery of justice.

The test is if the commentary tends to interfere with the due course of justice

Iii. The commentaries to scandalize the ct or the judge in his lawful capacity.

For example: to do the scandalous commentary of how bald judges it is, can be despising but not will raise any this b/c of category not imports how scandalous commentary is, this is x in his lawful capacity.

But if to say that the x of judge knows the law &the amplifier; needs to return at the law school, that is despising.

The scandalous commentaries depend on 2 things:

I. the language - the use/pronounced words

II. the actions - cd is your expression of the face, your body language.

Which are the procedures as for contempt?

Whoever is quoted for contempt has the right for knowledge the nature of his contempt.

O. 52 RHC

In the contempt event, there is first the right to be heard. The contemptnor will be given to a right to explain his action

Depend on the judge of w/t feels that the explanation is acceptable/x after hearing it, if it accepts, all on &the amplifier; W. done if x accepts, the second element = just to purge contempt.

Purge - stretch one excuse without reserve.

The contemptnor - if x of judge w happy his o'clock of explanation to be gvn that the right to purge

So not to purge contempt - o'clock of judge to right to send you to the prison.

- To be quoted for contempt is x good for the professional picture. The unfavorable opinion could be formed of you.

Someone of other next to a judge can quote a person for contempt. How?

I. does a request of the permission of ct for you (a layman) to quote it for contempt while going through the application of former one leaves sustained by a declaration under oath. The declaration shd under oath declares the name &the amplifier; the application description, the name, the description, the address of contempnor &the amplifier; the application reason. it o'clock to be supported by the verified facts.

Only when the leaf of hv of ct cn u done a request of the contempt that proceeds to a movement notification.

Once the permission of hv of ct, only o'clock 14 days to classify his movement in ct.

So not to classify w/in 14 days of the day that permission of gv of ct, the leaf failure.

Which is the position of a judge that itself medconduit?

Unfortunately, in our RHC, LPA - no procedure that deposits manners for the lawyers dissatisfied with the judge to quote a judge for contempt.

Eg: the judge keeps interference. says the whole qstn without report. the lawyers allowed him to ask the placement the report in the grades to proceed the Fact that oppose you his behavior, his interruption.

There is a manner where u can complain against a judge himself that medconduit. The judicial system has an office/department that treats w medconduire judge. u writes your complaint, gv reasons &the amplifier; the reasons &the amplifier; the event grades where u insists that it writes &the amplifier; it can be used as the proof

Possible Conseq: if it is a lawful commissioner - will not be confirmed as a judge of HC.

If it is one under judge of ct - will be sent to the "conservation in cold room" - sharp to sketch of department/sharp one to Kelantan/Sbh &the amplifier; Swk.

The members of hv of profession no right to quote a judge for contempt.

PROFESSIONAL NEGLIGENCE IN THE REDACTION OF THE ACTS OF TRANSFER

This is a failure by a professional to exercise the care &the amplifier; the professional competence of a level foreseen of a professional.

for example: you were asked to do something but x does it

The person that counted on your professional capacity suffered a loss.

Thus, there can be raised problems as:

I. the problem of professionalisme

II. the confidence question - the person counted on you as a professional

Iii. Damage - the loss/phys inju suffers/the reputation corrupt

The negligence of Profesional in the compilation of the acts of transfer

O'clock of negligence a lot to do the duties of w as the lawyers.

You have duties to:

I. the customer

(principal b/c to must pays legal expenses)

II. the somewhere else (to the certain range)

- The automatic transmission supposed to hv that a lawyer to protect their interest, we have them also a duty in a certain measure.

iii. the profession

The duties of lawyer in the compilation of the acts of transfer

1. Interview customer

- driving discussion to obtain from the news, the instructions

direct pertinent research

-the earth office, the bankruptcy office, the clerk of co the office, the recording office, counsel w to the customer consideration to the position

-w/t wise/x to proceed

-which they hv to do first b4 profits

-correspondence

-writing of the letters

-prepare/the documents of untidy one &the amplifier; approving of the documents

- signing, stamp, the recording,

-fresh

-undertaking

-the taken money on the confidence from the customer

S.117(4) LPA

U of automatic transmission could conclude an agreement the customer of w to exclude your responsibility for the negligence, that is empty &the amplifier; inefficient.

T/4 u not denies/excludes the right of your customer to prosecute you if you arrive to be professional negligent. Even if it consents.

R. 2 SRO

Remuneration etc - the right of solic.

just always to come the hand in the duty of w of hand

R. 5

allowed loading the interest on the legal expenses if p/m did late

-also a right

R. 6

no reduction

- the duty to the customer &the amplifier; to the profession. supports profession dignity

R. 7

cannot act for more than 1 party

-The duty to the customer &the amplifier; the profession.

The things that could do an error:

1. in to interview

- The said customer 1 thing, the lawyer understands other something.

-the said customer 1 thing, the lawyer notes other somethign

- The speeches of customer to work as salesman. the clerk writes although it understands. It gives it to the lawyer that never sees the customer.

That is there when the speech to the customer, ask the name, add, IC, IDT, THE S&l'ampli; P, the task Action, for that u can countercheck to write, the pronunciation.

Even if you interview &the amplifier; if u takes &the amplifier; the act on the instructions incorrectly, if customer depends on your instruction

Eg: the said customer 1 batch no, but u noted anor.

The research of driving of u on the bad batch &the amplifier; the discovery belongs out to some1 of other &the amplifier; say that the customer does not buy the salesman of b/c is liar. the customer depends on your counselor &the amplifier; the rubbish to buy.

2. Driving looks for

1984 1 MLJ 126

-The lawyer found to be in the hd of b/c of negligence she directed a research, a discovery of wd out that the customer of incidental one wants to buy is subj to the acquisition.

O'clock: the failure of lawyer to direct a research is the negligence. L o'clock to pay the compensation to the customer for the suffered loss.

If to take the instruction incorrectly &the amplifier; the research on the bad incidental one. if to look for incorrectly in the office of bankruptcy (obtains the bad number of IC). the research of u &the amplifier; find the salesman is x one in bankruptcy but it is in fact. the customer will suffer a loss

3. Give to legal counselor

O'clock of research to be correct, the results obtained, the law in top to date counseling b/c to your customer is 1 of the strongest ground for the customer to prosecute for the negligence.

The customers are x people of trade &the amplifier; depend on you. they trust you.

Eg: The Chinese wants to buy the incidental one of Malay w/in reserved the sector.

u counsels to the customer to establish itself co &the amplifier; co the purchase of cn

this is wrong counsels b/c co is x a Malay one. it o'clock to go &the amplifier; to apply to land itself the office to be as gazetted an evil

Shd counsels just to the customer to obtain the salesman to apply to sell itself to not malay - more inexpensive &the amplifier; quicker &the amplifier; easier.

if the series of hd of customer in high co &the amplifier; spent $ &the amplifier; if the application to be Malay co denied

The hd of customer counted &the amplifier; followed your counselor &the amplifier; suffered the loss.

3. The document drawing

The lawyer that x covers all the bases

eg: the sale of Malay one to not malay -no suggestion to protect the consent of demanded w/t etc

Eg: the suggestions by default - in the event buyer does not pay, the deposit of fine of cn of salesman but no suggestion by default for the salesman.

- if suggestion x protects the interest of the customer

4. The signature, the document recording

eg:

-the lawyer does not sign agmt

-does not explain t&l' amplifier; c of agmt before the signature

-the signature of lawyer from the customer - teacher neg &the amplifier; also the load of crim - forgery

-the lawyer that allows the document to be elsewhere signed

-testifying the document that o'clock already was signed

(and if the person that signed is x a person that supposed to sign)

-late stamping - the salary penalty - 4X

-The disposal recording &the amplifier; the transfer - offloads it incidental transfers x done.

-The documents all with you. went to land only the form of offloads office w. forgot the transfer &the amplifier; the load. warning entered into black and white.

5. The business (the written promise)

the offence of cn of promise creates the responsibility for cd of the lawyers causes to have quoted you for contempt

Eg: the problem that undertakes x to use the document &the amplifier; u uses it, when the problem of u that undertakes to say that u will do x left other ppl knows the content of the agmt &the amplifier; u allow them knowledge -contempt.

Distribute the business to undertake something &the amplifier; x done if- the duty offence. cd of customer prosecutes you for the negligence - u of report of cn to the disciplinary bar - to proceed disciplinary.

6. The money to have from the customer

-if diverting the funds - CBT, the disciplinary loads, etc but x teacher neg

- x teacher neg

-teacher neg - not following with regard to w of instructin of the customer to use of $

-The instruction of the customer to hold the retention sum for 18 months b/c of period of responsibility of defect. but the lawyer relaxed the $ to the contractor after 6 mths = violent the instruction of the customer.

-The spread out payment of relesaed to l'entrepreneur/w/o of contractor obtains cert of the engineer to say that the percentage of o'clock of achievement attained the certain step.

The negligence in the court

-For provided that you done your duty (tries your better one), even if you lose - they not you can prosecute for the negligence.