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WorksheetsMALAYSIAN LEGAL SYSTEM
Total questions: 60
Worksheet time: 30mins
Which following court does NOT have appellate jurisdiction?
federal court
session court
high court
Magistrates Court has jurisdiction to hear
criminal cases punishable w imprisonment only
appeal from Courts For Children
any kind of civil cases
claim of RM20k by plaintiff
list II of State List in Federal Constitution covers
i. land matters
ii. religion of Islam
iii. foreign affairs
I, II
II, III
II
all
which following not method of controlling proliferation of subsidiary legislation
judicial review
supervision by judiciary
consultation with experts on specific field
publication in gazette
which following concerning cases brought before Magistrate's Courts is correct?
appeals made to session court
only criminal cases heard at Magistrate's Court
a first class magistrate may hear a civil case when amount in dispute does not exceed RM100k
which following statement by judge that is basis for their decision and is what becomes binding on future judges?
obiter dicta
per incurium
ratio decidendi
in relation to doctrine of binding judicial precedent, which following concepts is most important?
ratio decidendi
locus standi
obiter dicta
stare decisis
English common law and equity permitted to be applied by MY courts, subject to certain limitations. Which TWO reflect limitations?
i. when there are conflicting court decisions in MY
ii. when there is no local law on that matter
iii. when the International Court of Justice has directed otherwise
iv. when it suited to local circumstances
i, ii
i, iii
ii, iv
iii, iv
which type of law is concerned with function and operation of local authorities?
private law
public law
industrial law
common law
in context of MY legal system, which courts DOES NOT hear cases on appeal?
magistrate court
high court
appeal court
federal court
which following example of unwritten law?
CA 2016
winding up rules 1972
Al-Quran
State law
in context of case law, which following applies to obiter dictum?
it is binding on all future courts
it is binding on all lower courts
it is not binding on any courts
none
in MY, special court has jurisdiction over which following selected people?
i. YDPA
ii. Sultans of respective states
iii. prime minister
iv. cabinet ministers
i,ii
i,iii
ii,iii
ii,iv
what is comittee stage in passage of bill through house of representatives?
comittee drafting bill
comittee debating details of bill
comittee reading title of bill
comittee proposing provision of bill
citizens of MY find their fundamental liberties are enshrined and well guaranteed in
SUHAKAM 1989
acts of parliament
federal constitution
subsidiary legislation
"General words follow a class of specific words" refers to which rule of statutory interpretation?
ejusdem generis
literal rule
mischief rule
golden rule
an appeal regarding decision by high court could be heard by which of following courts?
federal court
privy council
COA
federal council
civil law is common type of
procedural law
private law
international law
public law
which following describes standard of proof in criminal case?
beyond reasonable doubt
balance of probability
beyond all probability
beyond expectations
"The words of statute are not interpreted in their ordinary grammatical sense, but also with reference to purpose of legislation was legislated"
The above best describes which rule of statutory interpretation
literal rule
ejusdem generis rule
mischief rule
purposive approach
which following describes classification of sources of law?
written or unwritten
civil or criminal
common law or equity
substantive or procedural
High Court of Sabah and Sarawak hears cases involving which of following matters?
rescission of contract
enforcement of trust
matrimonial cases
all
judicial precedent is based on"
i. reports and previous decisions
ii. same judge being involved in decision
iii. precedent being classified into those which are binding and those which are not
iv. rules for extracting legal principle from one set of facts to apply to different set of facts or scenario
i, ii, iii
i, iii, iv
i, iii
all
which following does NOT sit in federal court?
2nd class magistrate
chief judge of high court of malaya
chief justice
president of COA
which following stages involved in passing of bill in parliament?
i. first reading
ii. comittee stage
iii. second reading
iv. third reading
v. fourth reading
i, ii, iii
i, iii, iv
i, ii, iii, iv
i, iii, iv, v
which following NOT disadvantage of Delegated Legislation?
too much law is passed through subsidiary legislation without sufficient parliamentary control
laws are passed quickly
parliament is unable to effectively supervise the making of delegated legislation due to lack of time
growth of delegated legislation goes against doctrine of separation of powers
which following is example of Delegated Legislation?
AMLA
legal profession (publicity) rules
personal data protection act
bankruptcy act
two high courts in MY have general supervisory and revisionary jurisdiction over which court?
all subordinate courts
federal court
COA
privy council
who is head of federal court?
chief judge
chief justice
lord president
statements made by judges can be classified as
ratio decidendi or obiter dicta
law reports or law order
legislation or jurisdiction
which following refers to law passed by parliament?
act
enactment
statute
regulations
which following types of legislation affects specific individual groups?
enabling
parliament
private
public
which following courts have civil and criminal jurisdiction?
high court
session court
magistrate court
all
which TWO following are private law actions?
i. those between individuals
ii. those between individuals and state or gov
iii. those between business org.
i
ii and i
i and iii
ii and iii
who made delegated/ subsidiary legislation?
a body who has been given authority under parent act
state legislative assemblies under state law
gov admin. officers
house of senate in parliament
which THREE following terms are associated with criminal law?
i. plaintiff
ii. punishment
iii. compensation
iv. public law
v. public prosecutor
i,ii,iii
i,ii,iv
ii,iii,v
ii,iv,v
what circumstances can English Law be applied in MY?
when there is an absence of local statutes on particular subject
when english law to be applied makes more sense than existing MY law
when english law is case decided by highest court of england
in which situation will previous decision be binding?
whenever it suits local circumstances
when it has been followed by previous lower courts
when it was decided by apex court
which following example of public law?
trust law
law of tort
administrative law
which following example of unwritten law?
state constitution
enactments
judicial precedent
Right to life and personal liberty in Article 5 of the Federal Constitution has a broad meaning. Which of the following description does not constitute human rights to life and personal liberty?
individual's right to life includes right to quality and right to live in a reasonably healthy and pollution free environment
individual's right to personal liberty includes the right to privacy
a person who is arrested has the right to have legal representative
a person who is arrested has the right to be released without undue delay and in any case be brought before magistrate within 24h of the arrest and not to be further detained in custody without magistrate's authorisation
which following true about the main components of MY Government?
the legislature and judiciary can make laws for the country
legislative process involves the legislature, cabinet and senate
executive includes cabinet ministers and the prime minister
the judiciary implements the law but the law cannot be implemented on the judiciary
YDPA is
royal monarch
constitutional monarch
absolute monarch
attorney general of MY is part of
judiciary
executive
legislature
the federal constitution is the supreme law of the country, and this means
provisions therein are enshrined and cannot be amended
it is highest law of the land and binds all citizens except YDPA
it can be altered or amended by parliament through legal process
which of following true about judicial precedent
statutory interpretation rule applied by federal court is binding on all lower courts
COA is not bound by its own previous decisions
decision of the privy council has binding effect on MY courts
identify 3 sources of written law in MY
1) federal constitution
2) state legislations
3) federal-attorney legislation
4) subsidiary legislation
1,2,3
1,2,4
1,3,4
2,3,4
which following NOT power of judiciary?
to interpret Acts
to make law when deciding the cases brought before them
to declare law as invalid
federal constitution specified citizens fundamental freedoms as stated below EXCEPT:
freedom of religion
freedom of movement
freedom of marrying
judicial precedents can only be made by superior courts which courts are they?
1) Federal court
2) supreme court
3) appeal court
4) high court
1,2
1,3
1,3,4
all
which following statements INCORRECT? the doctrine of precedent:
sometimes referred to by its Latin name stare decisis
is important in ensuring consistency in case law
provides that a judge deciding a question of law must decide that question in the same way as was done previously by an earlier court
contributes to the unpredictability of the law
which of the followings are types of Bill in the law making process
1) Hybrid Bill introduced by Ministers or private individuals on matters that affect a certain group of people in the society
2) private Bill initiated by individual, for instance NGOs who has no locus in the parliament
3) public Bill introduced by ministers relating to government policies with general application over the entire nation
4) money Bills and non money bills which are also presented for royal assent
3
1,4
1,3,4
all
Joe intends to take legal action against his tenant for rental due amounting almost RM80K. Joe should file his suit in the
first class magistrate's court
high court
second class magistrate's court
session's court
when the "Men" sign on the toilet door is interpreted as impliedly excluding "Women" and vice versa, this is application of the common law rules of language known as
expressio unius est exclusio alterius
ejusdem generis
in pari materia
noscitur a socis
in the context of the courts' decisions, which following applies to the term per incuriam?
it is binding on all future courts
it is binding only on all lower courts
it is not binding on any courts
it is binding if it refers to relevant statutes
high court of malaya at sabah sarawak hears cases involving which of following matters?
specific performance of contract
personal injury cases
theft cases involving children
which of following is example of unwritten law?
rules of court 2012
english common law
ordinance made before 1957
the lawmakers includes following except
the ministers when authorised by primary legislation
legislative assembly
chief judge
which following refers to the law passed by SLA?
act
enactment
statute
human rights commission of MY (SUHAKAM) is
1) highest authority enforcing human rights
2) formed and regulated under Universal Declaration of Human Rights
3) promoting human rights adopted by the United Nations General Assembly in 1948 but subject to the federal constitution
4) was established under human rights commission of MY act 1999
1,4
2
3,4
all
