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FINAL EXAMINATION
SEMESTER 1, ACADEMIC SESSION 200812009
LBAl023
MALAYSIAN LEGAL SYSTEM 1
INSTRUCTIONS TO CANDIDATES:
This question booklet has TWO (2) printed pages excluding this cover page
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1. Naturalists oppose legal formalism and rule of certainty expounded by the legal
positivists. The naturalists instead reiterate that law should be based on nature and
externa1 elements.
4. Per Lord Scarman in Jarnil bin Harun v. Yana Kamsiah r19841 1 MLJ 217, 219
(Privy Council):
Their Lordship do not doubt that it is for the courts of Malaysia to decide, subject
always to the statute of law of the Federation, whether to follow English case law.
Modern English authorities may be persuasive, but are not binding.
Based on that ruling, write a critica1 essay about the extent of English law
application as provided under the Civil Law Act 1956.
(20 marks)
SULIT
SULIT
5.
(a) Lord Denning mentioned that:
"....the judges ought not to go by the letter of the statute. They ought to go by
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HAKCIPTA TERPELIHARA SULIT