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INTERNATI ONAL I SLAMIC UNIVERSI TY MALAYSIA

END OF SEMESTER EXAMINATION


SEMESTER 2, 2012/2013 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS


Programme : Bachelor of Laws Level of : Fourth
Study

Reading Time : 2.30 p.m. 2.45 p.m. Date : 4.6.2013
Duration : ( 15 minutes )

Answering Time : 2.45 p.m. 5.45 p.m. Section(s) : All Sections
Duration ( 3 hours )

Course Title : Professional Practice II Course Code : LAW 4511


This Question Paper Consists of 5 Printed Pages With 8 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only. Answer only ONE (1) question from each part.
There are Four (4) Parts to this question paper.

REFERENCES ALLOWED
The Legal Profession Act 1976 and all subsidiary legislation made under it.

Any form of cheating or attempt to cheat is a serious
offence which may lead to dismissal

Statutes should be free from any form of annotation.

APPROVED BY




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PART 1

QUESTION 1
(a) Explain the importance of the cab-rank rule ((Rule 2) Practice and Etiquette Rules 1978)
in criminal matters as opposed to civil matters.
(6 marks)

(b) What is the consequence if the advocate is found to have acted without instructions in a
civil case?
(4 marks)



QUESTION 2
(a) What are the matters that have to be considered in drawing up the retainer in a
contentious matter?
(5 marks)

(b) Draft the retainer of an advocate by an accused person in a Magistrates Court criminal
matter.
(5 marks)





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PART 2

QUESTION 3
What is the difference between the law of civil procedure in assisting an advocate to prepare his
case and the law of criminal procedure in assisting the preparation of the defence?
(10 marks)


QUESTION 4
What are the facilities afforded by the rules of civil procedure to enable an advocate to reduce
the length of a trial and expenses and costs to his client and the other party?
(10 marks)














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PART 3

QUESTION 5
Assume you are an advocate faced with a clash of hearing dates between a part-heard criminal
matter, a child custody matter and the hearing of an appeal in the Court of Appeal. How would
you decide which matter to proceed with? You may assume any relevant information about these
cases that may have to be taken into account in your decision. State in your answer what these
are. Give reasons for your decision.
(10 marks)



QUESTION 6
Having decided which matter to proceed with in the situation set out in Question 5, set out the
steps you would take to apply for the adjournment. Give reasons for the steps you take.
(10 marks)










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PART 4

QUESTION 7
Why do you think Sec 117 (4) prohibits an advocate from providing in the retainer that the
advocate shall not be liable for negligence but does not go to the extent of abolishing the
immunity from suits for professional negligence?
(10 marks)


QUESTION 8
What do you think is meant by the words or that he shall be relieved from any responsibility to
which he would be subject as an advocate, shall be void in Sec 117(4) of the Legal Profession
Act 1976?
(10 marks)

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