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LW/JAN 2012/LAW4311112

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

MALAYSIAN LEGAL SYSTEM I/INTRODUCTION TO MALAYSIAN LAW

LAW4311112
JANUARY 2012 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. This question paper consists of three (3) parts: PART A (5 Questions) PART B (3 Questions) PART C (1 Question) Answer ALL questions in PART A and PART C, and any TWO (2) questions in PART B in the Answer Booklet. Start each answer on a new page. Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of i) the Question Paper ii) an Answer Booklet - provided by the Faculty

2. 3 4

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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LW/JAN 20121LAW4311112

PART A
QUESTION I Briefly explain the effects of the residential system on the adoption of English Law in the Malay States. (6 marks) QUESTION 2 Explain the composition and jurisdiction of EITHER the Special Court OR the Court for Children. Highlight also any of the court's special features. (6 marks)

QUESTION 3 Elaborate on the effects of the Law Reform (Marriage and Divorce) Act 1976 on the Chinese and Hindu customary laws relating to marriage. (6 marks)

QUESTION 4 Parliament and the State Legislative Assemblies may delegate some of their legislative powers to another person or body. Discuss three reasons for the delegation of powers. (6 marks)

QUESTION 5 The application of Islamic law in Malaysia is based on four sources of law. Describe these sources. (6 marks)

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LW/JAN 201 21LAW43111 12

PART B
QUESTION I With reference to decided cases, explain the four rules of statutory interpretation. In your opinion, which rule best reflect Parliament's intention in passing the statute. State reasons for your answer. (20 marks) QUESTION 2 a) With reference to relevant authorities, discuss the application of the doctrine of stare decisis in Malaysia. (12 marks)

b)

Discuss the circumstances where the Court of Appeal is not bound by its own previous decisions. (8 marks)

QUESTION 3 "Despite its merit, delegated legislation has several defects. It brings with it the danger of the enhancement of the powers of the executive and erosion of the powers of the legislature." (Ahmad Ibrahim, The Malaysian Legal System (1995), DBP, p99). Based on the above statement, evaluate the defects of delegated legislation and explain the various control mechanisms to minimize these defects. (20 marks)

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PART C QUESTION I Rita has come to you for legal advice on the following matters. a) Rita is the owner of a bookshop in Damansara. The shop specializes in buying and selling old novels, comics and other reading materials. A month ago, Geena came into the shop and offered to sell original handwritten manuscripts of Bunga Popi and other poetries written by the late Datuk Usman Awang. Geena claimed that the manuscripts had been given to her grandfather by Usman Awang. Rita was interested in the manuscripts and agreed to purchase them at the price of RM45,000. However, Geena later changed her mind and refused to proceed with the deal. Rita insists that Geena honour their agreement as she has already found a buyer for the manuscripts. Rita intends to take legal action against Geena and claim specific performance. Rita wants to know which court will have jurisdiction to hear the matter if she decides to proceed with the claim. Identify the court and explain the composition and jurisdiction of the said court. (10 marks)

b)

Two months ago, Rita sold several Spiderman comics to an avid fan of Spiderman comics. Rita misled the buyer into purchasing the comics as an investment when she told him that the comics would triple in value in the next six months. Rita has since been told that she could be prosecuted for giving a misleading price indication contrary to section 12 of the Consumer Protection Act 1999, which, on conviction, carries the maximum penalty of a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three years or to both. Advise Rita on the composition and jurisdiction of the court that will hear this case. (10 marks)

C)

Rita has also discovered that the Malaysia Consumer Protection Act 1999 was based on the Consumer Protection Act 1987 of the United Kingdom. She wants to know whether the above court can apply the English statute in deciding her case. With reference to the Civil Law Act 1956 (Revised 1972), advise Rita. (10 marks)

END OF QUESTION PAPER

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