How to build up the cause of action?

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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Basic about an arrest by Police

Basically, Article 5(1) of the Federal Constitution states that no person is to be deprived of his personal liberty save in accordance with law. Meanwhile, in Halsbury's Law defined arrest consists in the seizure or touching of a person's body with a view to his restraint. In the case Alderson v Booth 1969 the court held that words however amount to arrest it, in the circumstances of the case, they are calculated to bring, and do bring, to a person's notice that he is under compulsion and he thereafter submits to the compulsion. (problem always arise when the arrest is without warrant).

Who can arrest? Person who may effect an arrest are police officer, penghulu (village leader), private person and magistrate or Justice of the Peace. Section 23 of the Criminal Procedure Code allows a police to arrest without warrant. An arrest maybe made in relation to any seizable offence committed anywhere in Malaysia. What is seizable offence? S. 2 (1) CPC defined it as an offence and a "seizable case" which police may ordinarily arrest without a warrant according to the third collum of the first schedule. Whether there is or not a First Information Report is beside the point as the first information report is not a condition precedent to the setting in motion of a criminal investigation. This holds true for police officers as far as policing and enforcement in general is concerned, and the police knowing of a design to commit any seizable offence may arrest without orders from a Magistrate and without a warrant the person so designing if it appears to such officer that the commission of the offence cannot otherwise be prevented.

Moreover, arrest and investigation are not the same, though they are interrelated. Police investigation normally commences when the police have information whether receive through their own wits or intelligence (credible information) or reasonable suspicion. Investigation is also prompted if there is a First Information Report (reasonable complaint) made to them. In non-seizable cases, s 108 of the CPC clearly stipulates that an order to investigate from the Public Prosecutor is first needed to enable the police to exercise their special powers in relation to police investigations such as recording statements from witnesses under s 112 of the CPC. In seizable cases, ss 109 and 110 of the CPC state that the Police whose rank is at least a sergeant are not required to obtain an order to investigate from the Public Prosecutor and may exercise their special powers relating to police investigations. However, the police must forthwith report those cases to the Public Prosecutor unless the offence is of the type the Public Prosecutor has directed need not be reported to him.

A police officer whose rank is not less than a sergeant or the Officer in Charge of the Police Station may proceed with the investigation but if they deputed the task to a lower ranking subordinate police officer, such subordinate officer shall withhold from resorting to the special powers of investigation provided under ss 111 (summoning witnesses), 112 (interviewing witnesses), 116 (search of premises) and 117 (further detention of suspect). These are pro-active powers the Police have to ensure they can get hold of the evidence.

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