HKU space day 1 Overview Flashcards
Ask C&C about Jonathan Mok
Clyde & Co
Shuttle bus pickup time
Aug 2
Admiralty exit c2, sportswear.
Law juristdictions
- free law
- chinese law
- civil law
- American Law
- Common Law
- (Common Wealth Countries)
Barrister
(Self employed)
Advocacy, Draft Pleadings
Oral or written advice
Solit
- ## People Managment
Solicitor Advocate
Rare, in Hong Kong, 100 solit advocates. Civil solit advocates (95)
Understanding contentious and non contentious law
SC, Barrister by judicary and peers that you are succesful then to appoint via panel of LS
Speak to PL
Arbitration
Find a someone like a judge who relates to the field of work, more flexible than litigation. Arbitration is typically confidential.
Ajudication
Making an official decison on who is right in a dispute
Mediation
Involves third parties, does not help either side but seeks to find an agreement akin to a win win situation. Typically a creative situation
Legal System In Hong Kong
- Common Law, Common Wealth
(legal research with west law applies)
In house counsel
Private lawyer, typically within larger companies and banks as a private lawyer.
Civil Law
- Pre eminence of codes and models
- Governmant takes full control over the written ordinances and rules ie; npc (national people congress)
- Lead by Judges ie; responsible for gathering evidence
- Judge directs lines of inquiry, in other words Judge leads case proceedings
Prescdent ie; judgements will be provided
Common Law
- Commonwealth countries
- Use of Juries
- Importance of oral proceedings
- Adversial model of litigation
- Absecnce of comprehensive codification
Legal research via commonwealth
Equity
Written/Unwritten Justice system
Career Judicary
Civil Law Systems, first career can be a judge.
Religous Law Systems
Certain countries adopt a relgious law system
HCFI
Final appeal, public intreast
CFI
Court of first instance
DC
District Court
FC
Family court
Competiton Tribunal
Competiton Law (relatively new, 2018, investigation akin to criminal hearing) avoiding abuse of public intreast
Working with main and subs, fair or not
Subsidary Ordinance
Not only the govermant can produce ordinances, key stakeholders in ares related to the ordinace can contribute
Legal Practionary Rules
LPR
Torts
Governing relationship people outside of contract disputes
CFI
Civil Juridstiction and Criminal Juristidction
Probate
- Grant of probate
- Disputes over will, whether it exists or not
- Executor, acts
- Probate disputes
Intestacy
-No will, Grant of adminstration
Defamation
Effecting of the public image in a negative way
District Court
75k-3million
Land recovery if does not exceeding 240k
Employee Claims
Tax Recovery
Impirsonment of less then 7 years
1 Judge divison
Dept of Justice
Legal adviser and law draftsman of the government
headed by the secretary of justice
All criminal cases conducted by dept of justice
Dept of justice control criminal prosecutions
Cross Examination
Gives the opposing party an opportunity to point out the weaknesses of a witness’s testimony, like holes in their story or a lack of credibility.