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How to build up the cause of action?

Friday, October 29, 2010

In easy words, the cause of action (COA) is a set of circumstances which brings the P to sue the D and the P is going to win. How to build up the cause of action? (without fabrication).
(1) get the evidence
(2) prove the fact
(lawyers should be able to take up the case, confident and win the case)
(3) Client: full story A to Z (whether there is a COA or not)

Example:


~what is the law to be applied? - Law Reform (Marriage and Divorce) Act
~Under section? Cases? What the remedies? (divorce or damages(money) )
~ Is there any gaps of facts that the client didn't tell? (if so, persuade client)

So, for the brief :
(1) summary
(2) structure frame
(3) fact
(4) evidence
(5) relevant Acts
(6) cases
(7) remedies

At the end of the brief, is there a cause of action or not? If no COA, forget the divorce! haha.. (because the court cannot provide any remedy if there is no COA).





















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This blog is useful mainly as a reference for law students in Malaysia and other countries which have similar legal system. It also helps those who are interested in law. I'm willing to share your ideas concerning law in your country. If you have any comments or suggestion you can either write in this blog or address your email to: ikrearex@gmail.com -REX:>

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