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BT20403 Tutorial 1 MLS

This document outlines topics for a tutorial on the Malaysian legal system. It includes definitions of key legal terms and concepts, a discussion of public and private law, the differences between civil and criminal cases, features of the Malaysian Constitution, sources of Malaysian law including legislation and common law, the hierarchy of Malaysian courts with a focus on the High Court, and alternative dispute resolution methods besides litigation. Sample court cases are also provided to illustrate principles of Malaysian law.

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165 views1 page

BT20403 Tutorial 1 MLS

This document outlines topics for a tutorial on the Malaysian legal system. It includes definitions of key legal terms and concepts, a discussion of public and private law, the differences between civil and criminal cases, features of the Malaysian Constitution, sources of Malaysian law including legislation and common law, the hierarchy of Malaysian courts with a focus on the High Court, and alternative dispute resolution methods besides litigation. Sample court cases are also provided to illustrate principles of Malaysian law.

Uploaded by

chan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BT20403 COMMERCIAL LAW

SEMESTER 1, 2018/20189
TUTORIAL (1)

Topic 1: Introduction to Malaysian Legal System


1. What is law?

2. Explain the following terms/terminologies:


a. Legislation
b. Constitution
c. Custom
d. Statute
e. Common law
f. Judicial precedent;
g. Legal pluralism;
h. Adversarial system;
i. Beyond reasonable doubt;
j. On the balance of probabilities;
k. Strict liabilities.

3. Describe the 3 main components of public law and private law.

4. A is being sued for breach of contract while B is facing prosecution for armed robbery.
Discuss the differences between these two cases.

5. The Malaysian Constitution has some basic but unique features. Identify any 5 of these features.

6. Discuss the sources of the Malaysian law.

7. Differentiate ‘legislation’ and ‘subsidiary legislation’.

8. Explain the unwritten sources of Malaysian laws.

9. English law forms part of the laws of Malaysia. English law can be found, inter alia, in the English
common law and rules of equity. However, not all of England's common law and rules of equity
form part of Malaysian law. Explain the extent to which English common law is applied in Malaysia
today.

10. Compare and contrast the written law and judicial decisions (cases).

11. Illustrate the present hierarchy of the courts in Malaysia.

12. Describe the constitution, powers and jurisdiction of the High Court in Malaysia.

13. Not all disputes can be settled in court by the litigation process. Explain the alternative methods
that can be taken in solving a particular dispute in the business environment.

14. Discuss the following cases:


a. Khalid Panjang v & Public Prosecutor [1964] 30 MLJ 108 FC
b. Hendry v De Cruz [1949] 15 MLJ Supp 25 COA

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