LAW434 (MALAYSIAN LEGAL SYSTEM)

TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 1: HISTORY AND DEVELOPMENT OF THE MLS

QUESTION 1
(a) Describe the administrative structure during the reign of the Malacca Sultanate.
(10 marks)

(b) Describe the legal system and the sources of law that were applied during the
Malacca Sultanate.
(10 marks)

QUESTION 2
State the relevant provisions and reasons for the granting of the third Charter of Justice.
(10 marks)

QUESTION 3
Explain the significance of the Royal Charter of Justice 1855 on the application of English Law
in the former Straits Settlements.
(8 marks)

QUESTION 4
Briefly explain the effects of the residential system on the adoption of English Law in the Malay
States.
(6 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 2: ENGLISH LAW AND THE CIVIL LAW ACT 1956

QUESTION 1

Is English law part of Malaysian law today? Critically examine the relevant provisions of the local
statute and cases on the application of English law in Malaysia.
(20 marks)

QUESTION 2

“Their Lordships do not need to comment on the possible development since 1956 in the law of
England…. For present purpose, it appears that the Civil Law Ordinance 1956, section 3
adopted English law as administered at its effective date, so that any subsequent march in
English authority is not embodied.”
- Per Lord Russell of Killowen in Lee Kee Chong v Empat Nombor Ekor (N.S) Sdn. Bhd. [1076]
2 MLJ 93.

With reference to the above statement, explain the application of English law in Malaysia and to
what extent does English law affect the development of our law.
(20 marks)

QUESTION 3

(a) Explain Professor G W Bartholomew's rationale for the inclusion of English statutes in
s.3(1)(a) Civil Law Act 1956 (Revised 1972).
(5 marks)

(b) With reference to s.5 Civil Law Act 1956 (Revised 1972), discuss the application of
English law in commercial matters in Malaysia.
(15 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 3: ADAT AND CUSTOMARY LAWS

QUESTION 1

(a) Adat Perpatih is matrilineal, whereas Adat Temenggung is patrilineal. Explain.

(6 marks)

(b) With reference to relevant authorities discuss the application of Adat Perpatih and Adat
Temenggung in Malaysia.
(14 marks)

QUESTION 2

(a) Explain the types of properties under Adat Perpatih.

(6 marks)

(b) Customary law is one of the source of Malaysian law. With reference to legislation
and decided cases, explain the application of Adat Perpatih and Adat Temenggung
in Malaysia.
(14 marks)

QUESTION 3

Briefly discuss the Chinese and Hindu customary practices before the enactment of the Law
Reform (Marriage and Divorce) Act 1976. Explain the effects of the statute on the two
customary law.
(20 marks)

QUESTION 4

Rishi and Sharon, an Indian couple from Malaysia migrated to England in 1980. They have two
children, Vimala and Danish. Last year, Vimala met Ramesh, a Malaysian student in London
and they fall in love. Vimala has recently agreed to marry Ramesh and the marriage ceremony
will be held in Malaysia. She also agreed to live in Malaysia.

Vimala comes to know that the Indian customary law was part of the Malaysian law. However,
she was also informed that the Law Reform (Marriage and Divorce) Act 1976 has made
significant changes to the application of the Indian customary law in Malaysia.

Advise Vimala on the effects of the Law Reform (Marriage and Divorce) Act 1976 on the Indian
customary law.
(20 marks)
Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 4: DOCTRINE OF JUDICIAL PRECEDENT

QUESTION 1
“In Malaysia, the Federal Court and its forerunner. i.e. the Supreme Court, after all appeals to
the Privy Council were abolished has never refused to depart from its own decision when it
appeared right to do so: …

… It is right that we in the Federal Court should have this power to do so but it is suggested that
it should be used very sparingly … On the other hand, the power to so depart is indicated
(subject to a concurrent consideration of the question of the consequence), when a former
decision which is sought to be overruled is wrong, uncertain, unjust or outmoded or obsolete in
the modern conditions.”
- Peh Swee Chin F.C.J (as he then was) in Dalip Bhagwan Singh v Public Prosecutor [1998] 1
MLJ 1.

With reference to the above statement, discuss the application of the doctrine of judicial
precedent in Malaysia.
(20 marks)

QUESTION 2
With reference to relevant authorities, discuss the application of the doctrine of judicial
precedent in Malaysia. Consider also the circumstances when a court may depart from a
previous decision.
(20 marks)

QUESTION 3
(a) Define ratio decidendi and illustrate ratio decidendi with reference to one decided case.
(6 marks)

(b) State and explain THREE (3) advantages and disadvantages of the doctrine of judicial
precedent.
(6 marks)

QUESTION 4
“It is necessary to reaffirm the doctrine of stare decisis which Federal Court accepts
unreservedly and which it expects the High Court and other inferior courts in a common law
system such as ours to follow similarly…” - Chang Min Tat J in Public Prosecutor v. Datuk Tan
Cheng Swee & Anor (1980) 2 MLJ 277.

In light of the above, with reference to decided cases, explain the application of the doctrine of
stare decisis in Malaysia.
(20 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 5: COURT SYSTEM

QUESTION 1

Datuk Bala is a well known businessman in Seremban, where he lives with his wife Datin Neeta
and three grown up children. Due to recent economic recession, his business was badly
affected. However, his family were not aware of his financial problems. A few months ago Datin
Neeta had order from Madam June a custom-made gold with diamond bracelet valued at
RM50000.00.

Last week, Madam June had called Datin Neeta to inform her that the bracelet is ready for
collection. Datin Neeta asked for the money to pay for the bracelet from Datuk Bala. Datuk Bala
was very angry and in a heated argument, he lost control, punched Datin Neeta on her face and
causing a bruise. Datin Neeta became afraid of him and reported the incident to the police. She
left him and stayed with her sister in Johore Bahru.

Based on the above facts, answer the following questions:

a) Datuk Bala was charge under section 323 of the Penal Code for voluntarily causing
hurt, an offence punishable under Section 326A of the same code which provides for
a maximum sentence of two years’ jail and a fine up to RM4,000 or both. Which court
have the jurisdiction to hear the case. Explain the composition and jurisdiction of the
court.
(8 marks)

b) Datin Neeta failed to collect and pay for the bracelet. Madam June intends to bring
an action against Datin Neeta for breach of contract and claims specific
performance. Which court have the jurisdiction to hear the case. Explain the
jurisdiction of the court.
(10 marks)

c) Datin Neeta wants to file for divorce. Explain to her the composition and jurisdiction
of the court that will hear the case.
(12 marks)

d) Datuk Bala’s 16 years old son, Arun was caught and charge for shoplifting. Explain
to him, which court would have the jurisdiction to hear the case and the special
features of the court.
(10 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

QUESTION 2

Raja Ahmad was riding a motorcycle in Ipoh without lights at 8.00 p.m. and at an intersection
when the traffic lights were red he did not stop. Chan a policeman, stopped him and
immediately issued onto him with a summons for both offences.

Don, another policeman, while examining the motorcycle that Raja Ahmad was riding found a
packet of whitish powder, suspected to be drugs under the seat of the bike. Don told Chan that

they had to arrest Raja Ahmad and both of them took him to the police station for further
investigation.

Subsequent police investigations confirmed that the suspected drugs were heroin weight at 1.2
kg.

(a) Assuming that Raja Ahmad is to be charged for traffic offences, which court will have
the jurisdiction to try the case? Explain the jurisdiction of the court.
(10 marks)

(b) i) If Raja Ahmad is to be charged under section 39B of the Dangerous Drugs Act,
which court will have the jurisdiction to try the case? Explain the criminal and
civil jurisdiction of the court.
(10 marks)

ii) If he is not satisfied with the judgment of the court, which court can he appeal
to? Discuss the jurisdiction of the court.
(10 marks)

(c) Raja Ahmad claimed that he is a nephew of a Sultan in Malaysia and therefore he
should be tried at the Special Court. Explain to him the reason for the establishment,
composition and jurisdiction of the Special Court.
(10 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

QUESTION 3

a) Edward, a British citizen, is an affluent businessman and has recently entered into a
business deal with a Sultan in his personal capacity. The said deal, however has
turned sour. Edward now intends to sue the Sultan for breach of contract.

State the jurisdiction and composition of the court that can hear Edward’s case. Explain
the prerequisite that have to be met before the matter can be heard by the court.

(10 marks)

b) Peng Chu Ree was recently arrested and charged for robbery which is punishable
under section 392 of the Penal Code.

Section 392 of the Penal Code provides that “Whoever commits robbery
shall be punished with imprisonment for a term which may extend to
fourteen years, and he shall also be liable to fine or to whipping.”

(a) State the jurisdiction and composition of the court that can hear his case.
(10 marks)

(b) If he is not satisfied with the judgment of the court, which court can he appeal to?
Discuss the criminal jurisdictions of the court.
(10 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 6 : FEDERAL CONSTITUTION

QUESTION 1

The Federal constitution can be described as partly rigid and partly flexible. Explain.
(20 marks)

QUESTION 2

Taking into consideration the changing social, political and economic conditions, the Reid
Commission recommended a method of constitutional amendment which, "should neither be so
difficult as to produce frustration nor so easy as to weaken seriously the safeguards which the
Constitution provides". (Reid Commission Report, para 80, p.33).

In view of the above statement, explain the modes of amendment set out in the Federal
Constitution and whether the existing modes that you have described reflect the
recommendation of the Reid Commission.

(20 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 7: LEGISLATION

QUESTION 1

The Parliament will exercise its power to make law by passing of Bills in the House of
Representatives and the House of Senate.

(a) Briefly explain the types of bill.

(6 marks)

(b) Discuss how the Parliament enact the law.

(14 marks)

QUESTION 2

State and explain the legislative process in Parliament.

(20 marks)

QUESTION 3

(a) Once a bill has received the Royal Assent, it will be published. Briefly explain the
meaning of 'publication', its purpose and the effects of non-publication.
(6 marks)

(b) Identify the types of Acts and the legislation currently in force in Malaysia.
(6 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 8 : DELEGATED LEGISLATION

QUESTION 1

“Despite its merit, delegated legislation has several defects. It bring with it the danger of the
enhancement of the powers of the executive and erosion of the power of the legislature”
– per Ahmad Ibrahim, The Malaysian Legal System (1995) DBP, p99.

With reference to the above statement, briefly discuss the defects of delegated legislation.
Explain the various method of controlling subsidiary legislation and in your opinion, are these
methods sufficient to prevent the abuse of delegation of legislative powers?
(20 marks)

QUESTION 2

Subsidiary legislation is an indispensable tool of modern government but it has raised

widespread concern. Discuss the various method of controlling subsidiary legislation. In your
opinion, are these methods sufficient to prevent the abuse of delegation of legislative powers?
(20 marks)

QUESTION 3

Define 'subsidiary legislation'. Discuss the various methods of controlling subsidiary legislation.
In your opinion, are these methods sufficient to prevent abuses of delegation of legislative
powers?
(20 marks)

QUESTION 4

(a) Define delegated legislation? State three (3) advantages and three (3) disadvantages
associated with delegated legislation.
(6 marks)

(b) With reference to statutory provisions and decided cases, explain the controls
exercised over delegated legislation.
(14 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 9 : RULES OF STATUTORY INTERPRETATION

QUESTION 1

When courts interpret statutory provisions, they are aided by four rules of interpretation. Analyse
the strengths and weaknesses of each of these rules.
(20 marks)

QUESTION 2

Other than the primary rules of statutory interpretation, the rules of language were also used by
judges as an aid to interpreted the statutes. With reference to decided cases explain these
rules.
(20 marks)

QUESTION 3

Describe the intrinsic and extrinsic aids available to assist a judge in statutory interpretation.
Briefly explain how the Literal Rule is applied and discuss the advantages and disadvantages of
the rule.
(20 marks)

QUESTION 4

In interpreting statutes, courts are guided by four rules of interpretation and other subsidiary
rules. With reference to the relevant rules and authorities, answer the following questions:

a) Compare the purposive approach and the literal rule of statutory interpretation.
(14 marks)

b) Illustrate the application of either the ejusdem generis rule or the noscitur a sociis
rule.
(6 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 10 : LEGAL AIDS

QUESTION 1

Moonah wants to take legal action against the driver of the car that had injured her in a road
accident. However, she is unable to do so due to financial problems. Explain to Moonah the
availability of the Legal Aid Scheme.
(6 marks)

QUESTION 2

Che Mah, Pak Ali and Pak Halim are neighbors who live in a small village. Pak Ali has a garden
area of 2 acres used for farming various seasonal crops. This year Pak Ali plants watermelon in
the garden. Meanwhile Che Mah is a goats and cattle breeder. Last month, Che Mah increased
the number of her goats and cattle. Unexpectedly, Che Mah’s cattle and goats have entered into
Pak Ali’s farm and destroyed all the plants. Pak Ali wishes to bring an action against Che Mah.

Che Mah wishes to apply for legal aid from the Legal Aid Bureau. Explain the procedure for the
application of the legal aid.
(10 marks)

QUESTION 3

Suzy and June have been next-door neighbours for ten years but they are not in good terms.
They are always trying to outdo each other. One day, June’s cat jumped over the fence and
landed on Suzy’s antique garden vase which broke into pieces. The vase was valued at
RM80,000.00. Suzy was really angry at June and intended to take legal action against her.

June wishes to apply for legal aid. Explain the eligibility criteria for application of legal aids from
the various legal aids scheme available.
(10 marks)

QUESTION 4

In an argument with his wife, Jenny, Ah Chong stabbed her with a knife causing her serious
injuries. Jenny also wants to bring Ah Chong to justice for causing her grievous hurt. The police
had classified the case under section 326 of the Penal Code for voluntarily causing grievous
hurt by dangerous weapon or means.

Ah Chong works as a carpenter with a monthly income of RM1200.00. He wants to apply for a
legal aids. He seeks your advise on the availability of the legal aid scheme to him.

(10 marks)
Prepared by:
Pn Fatimatuzzahra’ Dzulkifli
LAW434 (MALAYSIAN LEGAL SYSTEM)
TUTORIAL QUESTIONS
SEMESTER OCT-FEB 2022

TUTORIAL 11: ALTERNATIVE DISPUTE RESOLUTIONS

QUESTION 1

(a) Define the term Alternative Dispute Resolution (ADR) and explain its objectives.
(6 marks)

(b) State three (3) advantages and three (3) disadvantages of Alternative Dispute
Resolution (ADR)
(6 marks)

(c) List four (4) reasons for the rising popularity of the Alternative Dispute Resolution (ADR)
among the legal practitioners and the general public in recent years.
(8 marks)

QUESTION 2

Anne has been married to Fred for almost ten years. They have two children, Danny, aged 8
and Suzy, aged 5. A few months ago, Anne found out that Fred is seeing another woman. Fred
has been neglecting his family since then. He has also become abusive to Anne and their
children. Anne now wishes to apply for a divorce. She was informed by Betty, her best friend,
that both Anne and Fred have to go through a conciliation process as required under section 55
of the Law Reform (Marriage and Divorce) Act 1976 before filing a petition for divorce.

Advise her on the following:

a) Conciliation as one of the Alternative Dispute Resolution method.

(8 marks)

b) Conciliation under the Law Reform (Marriage and Divorce) Act 1976
(12 marks)

QUESTION 3

Explain briefly the process of reconciliation under section 106 of Law Reform (Marriage and
Divorce ) Act 1976.
(20 marks)

Prepared by:
Pn Fatimatuzzahra’ Dzulkifli