LAW431_112 xxx

CONFIDENTIALLW/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 © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL Discuss three reasons for the delegation of powers. 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 2 Explain the composition and jurisdiction of EITHER the Special Court OR the Court for Children. (6 marks) QUESTION 5 The application of Islamic law in Malaysia is based on four sources of law. Describe these sources. (6 marks) QUESTION 4 Parliament and the State Legislative Assemblies may delegate some of their legislative powers to another person or body.CONFIDENTIAL 2 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) © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL . The Malaysian Legal System (1995). delegated legislation has several defects.CONFIDENTIAL 3 LW/JAN 201 21LAW43111 12 PART B QUESTION I With reference to decided cases. DBP. Based on the above statement. which rule best reflect Parliament's intention in passing the statute. evaluate the defects of delegated legislation and explain the various control mechanisms to minimize these defects. State reasons for your answer. (8 marks) QUESTION 3 "Despite its merit. explain the four rules of statutory interpretation. In your opinion. (20 marks) © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL . (20 marks) QUESTION 2 a) With reference to relevant authorities. It brings with it the danger of the enhancement of the powers of the executive and erosion of the powers of the legislature. discuss the application of the doctrine of stare decisis in Malaysia." (Ahmad Ibrahim. p99). (12 marks) b) Discuss the circumstances where the Court of Appeal is not bound by its own previous decisions. Rita wants to know which court will have jurisdiction to hear the matter if she decides to proceed with the claim. which. Rita intends to take legal action against Geena and claim specific performance.000. However. (10 marks) b) Two months ago. Advise Rita on the composition and jurisdiction of the court that will hear this case. a) Rita is the owner of a bookshop in Damansara. advise Rita. Rita sold several Spiderman comics to an avid fan of Spiderman comics. 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.CONFIDENTIAL 4 LW/JAN 2012/LAW43I1112 PART C QUESTION I Rita has come to you for legal advice on the following matters. 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 insists that Geena honour their agreement as she has already found a buyer for the manuscripts. (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. With reference to the Civil Law Act 1956 (Revised 1972). 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. Identify the court and explain the composition and jurisdiction of the said court. (10 marks) END OF QUESTION PAPER © Hak cipta Universiti Teknologi MARA CONFIDENTIAL . Geena later changed her mind and refused to proceed with the deal. comics and other reading materials. Rita was interested in the manuscripts and agreed to purchase them at the price of RM45. 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. on conviction. She wants to know whether the above court can apply the English statute in deciding her case. Geena claimed that the manuscripts had been given to her grandfather by Usman Awang. The shop specializes in buying and selling old novels.