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Questions

1. What is plaintiff? The party who initiates a lawsuit before a civil court.

2. When does a person become Sui Juris? Then completion of 20 years of age. Or Legal Marriage (17 years old at least)

3. What is the most serious criminal punishment among these choices?

   Punishments: Criminal Code

   • Punishments for inflicting upon the offenders are as follows: ^24ed97
     1. Death;
     2. Imprisonment;
     3. Confinement;
     4. Fine;
     5. Forfeiture of property.

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4. Who is juristic person? Limited Partnership, Company Limited

5. When does a personality begin? With a full completion of birth as a living child.

6. When does a declaration of intention take effect from? When the letter of notice reaches the person to whom it is addressed and the person already signed received even the letter is not yet read.

7. Criminally liable when such person commits an act the intentionally, or negligence or unintentionally if the law provides that such act is punishable.

8. Level of Court of Justice?

   Thai Court of Justice

   • 3 Levels
     1. Court of First Instance
     2. The Appellate Court
     3. The Supreme Court

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9. Question

   Who initial a criminal lawsuit:

   • Public prosecutor: for government or criminal case
   • Injured party or both can be “joint prosecutors”

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10. What law system in Thailand?

    Civial Law system

    • written laws (law code)
    • follow the Supreme Court’s precedents
    • e.g., Thailand, France, Germany, etc.

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11. Letter is which type of evidence? Documentary evidence

12. Litigant

    Lawsuit

    Lawsuit involves two parties

    • one party files a lawsuit against another party
      • either natural or legal persons

    • Litigant: คู่ความ; A party to a lawsuit.

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    	sues	is sued
    civil cases	plaintiff	defendant
    criminal cases	accuser, prosecutor	accused, defendant
    other	petitioner, defender	respondent

    Question

    Who initial a criminal lawsuit:

    • Public prosecutor: for government or criminal case
    • Injured party or both can be “joint prosecutors”

    Court

    • Judge: decision maker
    • Jury (juror): finer of facts

    Witness and evidence

    Note

    Burden of proof is usually assigned to the accuser

    • witness must be a person

    • Law Evidence

      Summary

      Law Evidence

      Material Evidence

      This type of evidence is tangible and can be examined by the court itself. Examples include a damaged bearing, the remains of a ruptured storage tank, or a fractured crutch.

      Documentary evidence

      This type of evidence is any record that can be introduced in court, such as a document, photograph, audio recording, or video. Examples include handwritten notes, letters, invoices, contracts, and wills.

      Witness evidence

      This type of evidence is a statement made by a person who has seen or heard something. Examples include eyewitness accounts, expert testimony, and character witnesses.

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13. Wrongful act is defined in which law?

    Wrongful Act (Tort): The Civil and Commercial Law Code of Thailand

    Section 2:

    • No law shall be retroactive unless it is so provided by the law.

    Section 420:

    • A person who, willfully or negligently, unlawfully, causes injury to the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is liable to compensate for the damage arising therefrom.

    Components of Wrongful Act

    • A person willfully or negligently commits an act
    • Unlawfully injures another person
    • Another person is injured, either to his/her
      • Life
      • Body
      • Health
      • Liberty
      • Property
      • Any right
    • The damage occurs as a result f the wrongful act committed (causation)

    Section 425:

    • An employer is jointly liable with his employee for the consequences of a wrongful act committed by such employee in the course of his employment.

    Section 426:

    • An employer who has made compensation to a third person for a wrongful act committed by his employee is entitled to reimbursement from such employee.

    Section 429: Incapacitated

    • A person, even though incapacitated, on account of minority or unsoundness of mind is liable for a wrongful act committed by him, The parents, or his guardian is jointly liable with him, unless they can prove of proper supervision.

    Section 433: Animal

    • If damage is caused by an animal, the owner, or who undertakes to keep the animal on behalf of the owner, is bound to compensate the injured party.

    Section 448: Prescription (Statute of Limitation)

    Tldr

    Time limit for a claim for damages arising from a wrongful act:

    • 1 year: Once you find out what happened and who is responsible, you have one year to file a claim.
    • 10 years: No matter what, you cannot file a claim more than 10 years after the harmful act happened.

    • The claim for damages arising from a wrongful act is barred by prescription
      • after one year from the day the wrongful act and person bound to make compensation become known to the injured party.
      • 10 years from the day when the wrongful act was committed.
    • Except when criminal law provides a longer period.

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14. Ethical define good practices that people in the same society or specific Ethical Breach is either legal or illegal.