AJ 014 Lecture Notes - Lecture 18: Economic Migrant, Adversarial System, Professional Negligence In English Law

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Document Summary

If no one uses the legal system, the system is useless. Common problem: the legal system is to costly to access undermine the exercise of justice. The legal system has to be accessed to be useful. Court: formal court constitution reflects the concern about the right to access to court before the handover (no access in china) Seriousness of the charges, arguments of law, complexity of law, competing interest. Wu wai fung capital case (should be given legal aid poor arguments imply (efficiency v formality), criminal trial more appeals even more costly) The court remains the power to grant legal aid for the purpose of justice. The procedure a lot of tribunals have the discretion / bill of right / basic law. Torture claims often found to be economic migrant. But if the torture claimant is true and the refugee is sent back to his home country may face inhumane prosecution.

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