B4 Consulting

Determinants PLEA IN MALAYSIA

What is advocacy?

-The fusion of different skills that allow a lawyer to perform adequately in ct.

-Ability to speak

-Use the right words, intonation, style,

-Ability to pose questions to get the correct order of responses u,

-Ability to present oral argument in a way to convince the judge agrees with your version of history.

Being good in lang w / o knowing the style is useless. Vice versa

-T / 4 is a merger.

namely: case presentation, ask a question, get information from witnesses, make statements, arguments based on research and case laws.

First factor: The Court

One of the rights of determinants Msian: ct.

• The judicial system (adversarial)

Our CT system is adversarial in nature.

Contradictory CT system:

A system by which both parties have a duty to present their case before a judge.

The duty of the judge - to listen to both sides b4 making a decision.

-H / E, listening to both sides, it has the right to investigate and clarify if it is X's duty to ask questions.

Judge x play an active role. Just listen and guides.

X-do its own investigation and questioning.

-H / E, it may ask for clarification.

J. adversarial system - x involved.

-Advocate must submit all that b4.

-H / E, a judge is a human being.

-Some judges are forced to participate, to ensure that justice is done, if lawyers are x good. "There are so obstinate judges who think they are the only ones who know what to do.

-A / T, theoretically, a judge is supposed to ask questions of x, there are judges who ask more questions than lawyers.

"There are also judges that X does nothing and decide based on what you say.

-T / 4 lawyers / judges / mag / SAR - Make sure you know what the role and duty.

-Lawyer - know the facts of the case, correct doc prepare, conduct appropriate research and present it eloquently to judge.

Judge - listen to what is presented, write and specify.

Q: How does this help to improve advocacy in MSIA?

1. T / 4, we cn create better lawyers.

adversarial system expects the lawyers to present their case.

-For a judge to participate hv x, t / 4 W / T, as he / x, hv lawyers to prepare.

Hv be persuasive to help you win your cause.

How? improve skills, enhance research and KLG, learn the art of reasoning properly b / c even if you control HT-good language, but x do research, how to put your side of the story.

-It requires lawyers to be fully prepared and take resp b / c if the judge himself did not investigate and ask questions, there is no need for lawyers and the adversarial system. We just need to go in the inquisitorial system.

The adversarial system, lawyers push to be better.

"It will impact on the adversarial system of advocacy, capacity building, skills.

-B / C, if x improve skills and capabilities - will lose the case.

If x-do research, arg x is strong enough.

If x-play up the case and the latest law - ARG x able to stand.

inquisitorial

- The system used in most European countries. It's the judges who ask questions. The task of the lawyer is to simply prepare the record, return, bear witness to CT judge to question witnesses. X If the judge happy, will conduct its own investigation.

-Both systems intended to do justice to the angle diff.

In-MSIA - A / T that we call our adversarial system, judges do things so now - two hybrid systems.

Lawyers ask questions and ask the judges to their own set o.