How is the delivery of Justice to the nation to be eased? Everyone complains. Suppose someone could say something helpful, for once? Would you heed it?
Read More Blog , English , For Lawyers
What is the difference between ‘evidential burden of proof’ and ‘legal burden of proof’?
At first sight, these two concepts seem identical. They are not. If you wish to make litigation your career, you need a sound understanding of these concepts. It is not that difficult, really.
Read MoreWhat happens when judges, bending like reeds in the wind, carry out the biddings of their political masters? Something extraordinary has to be done. Corrupt judges, past and present, ought to be publicly impeached. Can it be done? How?
Read MoreIn the last few weeks we have been hearing the phrase ‘the Rule of Law’. It is time to examine this and another related concept, the ‘Separation of Powers’. If we do, we will encourage our nation rulers to work better, work more effectively, and work to produce justice. Rule of Law The concept of Rule of Law is easy to understand. You needn't be a lawyer to know what it is: you can ...
Read MoreDissent means disagreement between judges. In a case comprising, say 3 judges, a dissent occurs when one judge distances himself or herself from the other 2 on grounds of legal principle. A dissent is not without its uses. It may limit the majority decision in some way. Or the dissent may bear a seed of a wonderful legal point waiting to germinate at some future time. A brilliant lawyer will water ...
Read MoreThe Malaysian Judiciary has languished in darkness for four decades. Have we squandered the golden opportunity to reform it? Are we back to square one? Bringing in new judges won't cut it. Making the courts the more efficient won't help. All that was done: all that did not help. Something else is needed. What should we do to make our Judiciary one of the very ...
Read More