Questions:

1. Give an example of: a rule of evidence; a rule of civil procedure; a rule of criminal procedure;
Response:
A rule of evidence comprises of the identification and analysis of case and evidence scope,
purpose with its construction, rulings on evidences, relevancy with its limits, witneses and
others. With one particular example regarding witnesses:

“Rule 5.601 General rule of competency. Unless otherwise provided by statute or rule, every
person is competent to be a witness. [Report 1983; 1985 Iowa Acts, ch 174, §16; 1990 Iowa
Acts, ch 1015; November 9, 2001, effective February 15, 2002] Rule 5.602 Lack of personal
knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to
support a finding that the witness has personal knowledge of the matter. Evidence to prove
personal knowledge may, but need not, consist of the testimony of the witness. This rule is
subject to the provisions of rule 5.703 relating to opinion testimony by expert witnesses. [Report
1983; November 9, 2001, effective February 15, 2002] Rule 5.603 Oath or affirmation. Before
testifying, every witness shall be required to declare that the witness will testify truthfully, by
oath or affirmation administered in a form calculated to awaken the witness’s conscience and
impress the witness’s mind with the witness’s duty to do so. [Report 1983; November 9, 2001,
effective February 15, 2002] Rule 5.604 Interpreters. An interpreter is subject to the provisions
of these rules relating to qualification as an expert and the administration of an oath or
affirmation that the interpreter will make a true translation. [Report 1983; November 9, 2001,
effective February 15, 2002] …” (Legis : 2014)
[https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/06-30-2014.5.pdf]

A rule of civil procedure is a method created in order to make non-lawyers to have quick access
to justice by making it cheaper and easy to understand. Examples of it include the dealing with
cases justly so far as is practicable (Criticism of rule, discretion to be exercised judicially),
ensuring that all parties are on an equal footing, limiting legal representation and arguments,
saving expense, dealing with cases in ways that are proportionate (Proportionality principle),
Overriding Objective etc (Paclii.org, 2018)
[http://www.paclii.org/vu/Vanuatu_Civil_Court_Practices/Full_Chapter_PDF/Chapter_2_Civil_P
rocedure_Rules.pdf].

An example of rule of criminal procedure are all included in the Criminal Procedure code such as
in Part III: General Provisions, Part IV: Provisions Relating to all criminal Investigations and
Proceedings. To pick on example, according to section 23 under Part III: General Provisions.

“Detention of persons arrested without warrant

23. When any person has been taken into custody without a warrant for an offence other than
murder or treason, the officer of or above the rank of sergeant or the officer in charge of the
police station to whom such person shall have been brought may in any case and shall, if it does
not appear practicable to bring such person before an appropriate magistrates' court within 24
hours after he has been so taken into custody, inquire into the case, and unless the offence
 appears to the officer to be of a serious nature, release the person on his entering into a
recognisance with or without sureties, for a reasonable amount to appear before a magistrates'
court at a time and place to be named in the recognisance, but where any person is retained in
custody he shall be brought before a magistrates' court as soon as practicable:

Provided that an officer of or above the rank of sergeant or the officer in charge of the police
station may release a person arrested on suspicion on a charge of committing any offence,
when, after due inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed
with the charge.

Police to report apprehensions”

2. Why does the Kiribati Penal code use the phrase ‘any person…’? Would it be unjust to say ‘Any
man…’? If it did say that, would a court be likely to apply the law to a woman?
Response:
The Kiribati Penal code use the phrase ‘any person’ instead of ‘Any man …’ due to the fact of
gender equality. The phrase ‘any person’ gives both man and woman the right to say either to
further support or oppose the current court discussion for judges to finalize their decision. Both
the phrase ‘Any man …’ or ‘Any woman …’ is gender biased hence the Kiribati Penal code used
‘any person …’ for fact of gender equality or justice. The usage of the phrase ‘Any man/woman
…?’ implies exclusion of either gender which is not just.
3. What should be the focus of this course; substantive justice or procedural justice or both?
Response:
Both of substantive justice and procedural justice are integral parts of law. Substantive justice
deals with the proper treatment of cases in their respective categories or nature. For instance,
dealings with criminal cases will be treated according to criminal laws while business cases will
be handled according to Laws of contracts. Procedural Justice relates to the legal, proper and
fair application of law. For instance, regarding criminal cases the proper procedure for it is listed
under the Criminal Procedure Code. Hence to have a fair understanding on Law, both of the
given factors should be the focus of this course.

4. Is there any Kiribati Law which you consider ‘unjust’? In what way is it unjust?
Response:
All law are designed to maintain justice and fairness in our society. However, there are certain
situations which families are more appropriate to handle other than that of Legal courts. One
particular Kiribati Law (and other countries laws) is that of Custody of Children Ordinance. Given
the low level of understanding of a child, he or she will not be able to determine their best
interest on hand both on a short term and long term. The Kiribati traditional way of handling
such matters is more appropriate given that the Family know what bests for their own nephew,
niece, grandson or granddaughter. Also the court may lack the complete data to make an
appropriate decision for a supposed judged child.
5. Any you aware of any miscarriage of justice in Kiribati? Why was it a miscarriage of justice?
Response:

6. Does a legal system need lawyers? What is their role?

Response:
A legal system is a growing body of knowledge and practice that continually adjusted for the
improving the decision making for judges, lawyers and other people. Given the complexity of
such field as it include common law, commercial law, contractual law, criminal law etc, Legal
System will certainly need lawyers in order to effectively deal with all legal matters. Lawyers
specialized in the interpretation of laws, persuasion and protecting their clients from their
plaintiffs in their court cases.
Definitions:
 The Federal Rules of Civil Procedure (eff. Dec. 1, 2017) govern civil
proceedingsin the United States district courts. Their purpose is "to secure the
just, speedy, and inexpensive determination of every action and proceeding."

 The law of evidence, also known as the rules of evidence, encompasses

the rules and legal principles that govern the proof of facts in a legal proceeding.
These rules determine what evidence must or must not be considered by the
trier of fact in reaching its decision.

 Federal Rules of Criminal Procedure. ... They are the companion to the
FederalRules of Civil Procedure. The admissibility and use of evidence
in criminal proceedings (as well as civil) is governed by the separate
Federal Rules of Evidence.

 Substantial justice means justice administered according to rules of

substantive law in a fair manner. Here, the litigant's substantive rights are
protected from the procedural errors of litigation. Substantial justice ensures a
fair trial on merits.

 Procedural law provides the process that a case will go through (whether it goes
to trial or not). The procedural law determines how a proceeding concerning the
enforcement of substantive law will occur. Substantive law defines how the
facts in the case will be handled, as well as how the crime is to be charged.