LAW5903 Professional Ethics and Lawyering Skills — Unit 5: Lawyering Skills in PIL and Legal Aid (10 Hours)

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Unit 5: Lawyering Skills in PIL and Legal Aid (10 Hours)

5.1 Public Interest Lawyering

The concept: the public’s-cause-lawyered (the no-client-individual (the constituency-collective (the unrepresented-represented (the environment + the consumers + the prisoners + the marginalised (the U2-U6-of-the-welfare-course’s-groups (the LAW5902’s-twin)))))); The constitutional-engine (the verified): the Art-133(2)-(3) (the SC’s-extraordinary-jurisdiction (the “any legal right with no or ineffective remedy” + the public-interest-dispute’s-own-hook (the writs’-menu: the habeas + the mandamus + the certiorari + the prohibition + the quo-warranto (the verified-five)))) + the Art-133(1) (the citizen’s-void-petition (the ANY-Nepali-citizen (the loose-standing (the PIL’s-constitutional-door)))); The PIL’s-Nepali-arc: the 1990s’-explosion (the writ-era (the pioneers’-lore (the name-level (the public-interest-litigation’s-own-golden-age (the docket-transformed))))) → the leading-cases’-canon (the environment (the GODAVARI-and-the-forests (the name-level (the LAW5603’s-canon))) + the detention-and-the-prisoners + the corruption-and-the-governance (the LAW5503’s-and-the-others’-companion)) — the court-the-ally (the PIL-the-instrument (the lawyer-the-catalyst))); The PIL-lawyering’s-craft: the cause-chosen (the genuine-public-interest (the publicity-stunt-no (the standing-honest))) + the standing-framed (the public-spirited-person (the injury’s-relaxation (the court’s-indulgence (the India’s-lore (the name-level (the PIL’s-transplant-story)))))) + the relief-designed (the enforceable-order (the implementation-monitored (the contempt’s-follow-up (the judgment’s-life-after-the-judgment)))) + the evidence-gathered (the affidavits (the reports (the investigations (the honest-documentation (the no-fabrication (the U2’s-ethics-the-same)))))); The critique (the balanced-answer): the PIL’s-power (the access-created) vs. the PIL’s-risks (the docket-flooding (the frivolous-uses (the judicial-overreach-debates (the honest-critique (the exam’s-two-sides)))));

5.2 Legal Aid Practices

The concept: the poor’s-access-financed (the justice-not-priced-out (the representation-funded (the “equality before the law” made-true-for-the-poor (the Art-20’s-own-anchor)))); The constitutional-anchor (the verified):

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