put citizens lawful right into effect provide the community with public service

Put citizens lawful right into effect provide the

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-put citizen’s lawful right into effect -provide the community with public service critical to maintenance of ROL -set gen std and norms for protection of rights under law Civil Litigation - A civil lawsuit is brought when a plaintiff alleges an injury suffered owing to a wrongdoin g of a defendant, e.g. breach of contract, tort, breach of trust (trustee fail to manage the trust acc to trust agreement) - A “cause of action”=good claim in law requires Sufficient evidence+ claim fits legal relationship (eg trustor/ trustee) - Burden of proof (obliged to prove a given fact in issue) falls on the party alleging the fact to prove it by leading sufficient evidence of it to show it is a proper issue in the proceedings - quantum of proof ”> degree of persuasion needed for the proponent to establish a particular fact in issue - Doctrine of res judicata ( “a matter adjudicated already) “preponderance of probability” (civil proceedings) - Balance of probability std (occurrence of event more probable than not) - The more serious the allegation the less likely that it occurred->stronger should be the evidence, e.g. fraud < negligence - Degree of flexibility in respect to seriousness Standard of Proof - Proof beyond reas doubt/ proof on balance of probabilities - Strength of evidence ~ seriousness and therefore inherent improbability of the allegation to be proved Re H( Minors)( Sexual Abuse: Standard of Proof ) [1996] AC 563, 586 (HL) Stronger evidence need if both are BOP Solicitor(24/07) v Law Society of Hong Kong (2008) 11 HKCFAR Civil Courts: - courts except MC, Lands, labour and small claims tribunal - CFI (unlimited jurisdiction on civil matters) - DC (monetary claim 5000< 3 M), Small claim (<5000) - People can choose CFI/ DC, DC cost generally lower Enforcing civil debts: Magistrates’ Courts( criminal jurisdiction) Source of cilit rule: - High Court Ordinance(P. Leg) - The Rules of HC(SubLeg.) - Case law - Practice directions Adversarialism Whitehorn v The Queen)
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both civil and criminal litigation: adversarial trial - Competitive process encouraging lawyers to discover evidence thoroughly and identifying flaws in other side’s evidence - court: weigh up the relative strength of the parties’ arguments and evidence against law and its evidentiary std Assessing adversarial litigation - been likened to “ trench warfare” - Disadv : - Incentives lawyers to present case in a way giving rise to tactical manipulation rather than cooperation, - judicial non-interventionism allows abuses by lawyers with excessive, unnecessary interlocutory applications and appeals> undue delay and high legal costs> denies access to justice to poorer litigants, wasting resourced, stultifies the principle of equality therefore deter ppl from making claim (high cost) - can lead to breakdown of business and personal relations(esp matrimonial cases), prejudicial publicity(litigation in open court, attract media), and stressful and unpleasant time (mental pressure) - where a dispute involve a highly technical matter (eg. Construction engineering), the judge may lack the requisite knowledge and
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