Evidential burden is the obligation to produce evidence to properly support an issue. If the evidential burden is not satisfied, that issue cannot stand during a trial. Evidential burden is different from legal burden. For example, in a murder trial, if the defendant were to plead self-defence, he would have to satisfy the evidential burden [...]
Novus actus interveniens is Latin for a new intervening act. In a tortious claim, novus actus interveniens is the intervening act that serves to break the legal connection between the defendant's action and the harm suffered by the plaintiff. For example, if a defendant was negligent while driving his vehicle and had caused a collision [...]
Most of the friends I've met know that I am a vegetarian. I do not eat meat. I still consume milk products and eggs but I have successfully omitted meat from my diet. It would seem rather normal now but my journey to vegetarianism was extremely challenging. Whenever someone asks for the reason as to [...]
The doctrine of estoppel states that when a person has asserted a certain position previously, he or she is prevented from taking an alternative position that is different from the initial one they took. It prevents people from taking a contradictory position from what they had previously said or agreed to by law. One form [...]
In the midst of all the festive cheer, the golden question during Christmas will always remain... Is Santa Claus real? And no, this will not be the most difficult thing you have to tell your child. Kids are not that naive to think that a fat bearded man wearing a red suit could fly through [...]
There has been much debate about Nagaenthran, the Malaysian drug trafficker who is on death row for illegally importing 42.72g of heroin. Here is a breakdown of the High Court (HC) case and the issues which the court had to consider. Do note that there was a Court of Appeal (CA) case that followed after [...]
Exams are FINALLY over! My preparation was punctuated by illness, work disruption and a whole load of other things but then I just realised that that is just life. Oh yes, to those who are coming in as 1Ls... welcome to our beloved law school! Welcome to four years of constant assignments and deadlines to [...]
Recently I tested positive for Covid-19 on the 23rd of October. It was a typical Saturday. I had gone to the gym in the morning with some friends from law school (yes we do have a group of us who are focused on keeping healthy and will exercise on Saturday mornings). I did not feel [...]
I have some friends who graduated from the SMU School of Law. Some of them were the pioneer batches of the law school. Whenever they spoke of their experience at their law school, they usually spoke about how their law school focused more on corporate law and the fact that their legal education was more [...]
Nullum crimen nulla poena sine lege is a Latin phrase that translates to "no crime no penalty without law" This is a legal principle that for a crime to be made out and for punishments to be meted out for that crime, there has to be a law in place. This principle stems from the concept [...]