Chapter

Chapter 1:
History and
development
of the MLS

Question
Describe the legal system and the sources of law that were applied during the Malacca Sultanate.
Elaborate on the effects of the residential system on the application of traditional sources of law in the
Federated Malay States.
Describe the administrative structure during the reign of the Malacca Sultanate.
Describe the sources of law during of the Malacca Sultanate.

Chapter 2:
English Law
and the Civil
Law Act 1956

Explain Professor G W Bartholomew's rationale for the inclusion of English statutes in s.3(Y)(a) Civil Law Act
1956 (Revised 1972)
Discuss the effects of the Charter of Justice 1807 on the application of law in Penang.
Highlight the effects of the residential system on the adoption of English law in the Malay States.
Highlight the effects of the Charters of Justice on the application of law in the former Straits Settlements.
Outline the significance of the Charter of Justice of 1826.
Explain the effects of the residential system on the adoption of English law in the Malay States.
State the significance of the Royal Charters of Justice on the application of English Law in the former Straits
Settlements.
Explain the qualification of section 3(1) of the Civil Law Act 1956 on the cut-off dates and the application of
the statutes of general application to West Malaysia.
Discuss the effects of the Charter of Justice 1826 on the application of law in the Straits Settlements.
Outline the provisions of the Charter of Justice 1826.

Year

Explain the effects of the residential system on the adoption of English law in the Malay States.
State the relevant provisions and reasons for the granting of the third Charter of Justice.
According to the Civil Law Act 1956 (Revised 1972), English law must be suitable to local circumstances
before it can be applied in Malaysia. Explain this statement.
Briefly explain the effects of the residential system on the adoption of English Law in the Malay States
Elaborate on the effects of the Charters of Justice on the application of English law and traditional laws in
the Straits Settlements.
Explain Professor G W Bartholomew's rationale for the inclusion of English statutes in s3(1)(a) Civil Law Act
1956 (Revised 1972).
Briefly discuss the effects of the Charter of Justice 1826 on the application of law in the Straits Settlements.

Chapter 3:
Adat and
customary
Laws

Outline the provision of the charter of justice 1826

Elaborate on the effects of the Law Reform (Marriage and Divorce) Act 1976 on the Hindu customary law in
Malaysia.
Define "customary law" and explain the various tests that have been resorted to by the courts in Malaysia
to determine if a custom is accepted as law.
Adat Perpatih is matrilineal, whereas Adat Temenggong is patrilineal. Explain.
Explain the various sources of Islamic law.
Highlight the present functions of the Dewan Keadilan Undang-Undang in Negeri Sembilan.
Briefly explain the sources of Islamic law in Malaysia.

Briefly explain TWO (2) effects of the Law Reform (Marriage and Divorce) Act 1976 on the Chinese and
Hindu customary laws.
Define 'customary law' and explain the sources of customary law.
Explain the main sources of Islamic Law.
Adat Perpatih is matrilineal, whereas Adat Temenggung is patrilineal. Explain.
Elaborate on the effects of the Law Reform (Marriage and Divorce) Act 1976 on the Chinese and Hindu
customary laws relating to marriage.
The application of Islamic law in Malaysia is based on four sources of law. Describe these sources.
With reference to marriage and ancestral properties, explain how the division of properties differs between
Adat Perpatih and Adat Temenggong.
Adat Perpatih is matrilineal, whereas Adat Temenggong is patrilineal. Explain.
Name the entities or bodies that is responsible for Islamic law in a state and their respective roles
Customary laws are still applicable in Malaysia. Identify and briefly explain the sources of customary law.
Chapter 4:
Doctrine of
Judicial
Precedent

State and explain THREE (3) advantages and disadvantages of the doctrine of binding precedent.
Define ratio decidendi and illustrate ratio decidendi with reference to one decided case.
State and explain THREE (3) advantages and disadvantages of the doctrine of judicial precedent.
In Hong Leong Equipment v Liew Fook Chuan [1996] 7 MLJ 481, the rule in Heydon's case was adopted.
By applying the said rule, explain how the Court of Appeal in the above case made its judgment.
State the circumstances where COA is not bound by their previous decision.

Chapter 5:
Court System

State the composition, jurisdiction and sentencing powers of the Juvenile Court.
Explain the facts and legal principles in the case of Tan Sung Mooi v Too Miew Kim [1994] 3 MLJ 117 in
relation to the jurisdiction of Syariah Courts.
With reference to the jurisdiction of the Special Court, explain the legal principles in the case of DYTM
Tengku Idris Shah Ibni Sultan Salahuddin Abdul Aziz Shah v Dikim Holdings Sdn Bhd [2002]2 MLJ 11.
Discuss the legal principles stated in either:
i) United Malayan Banking Bhd v Pemungut Hasil Tanah, Kota Tinggi (1984)2 MLJ 87 or
ii) Shaik Sahied bin Abdullah Bajerai v Sockalingam Chettier (1933)2 MLJ 81.
Explain the composition and jurisdiction of EITHER the Special Court OR the Court for Children. Highlight
also any of the court's special features.
Explain the composition and jurisdiction of the Syariah courts in Selangor.

Chapter 6:
Legislation

Federal Constitution
Define "monetary bill" and explain the legislative process involved in passing a monetary bill.
Explain the various modes of amendment of the Federal Constitution.
Article 4 (1) of the Federal Constitution states:
"This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is
inconsistent with this Constitution shall, to the extent of the inconsistency, be void."
Elaborate on the supremacy of the Constitution and the factors that curtail it.
Describe the procedure for amending the constitutional provision relating to the Rulers' rights and
privileges. State the reasons for, and the effects of, the enactment of the Constitution (Amendment) Act
1993.

Briefly explain the various modes of amendment of the Federal Constitution.

With reference to the Federal Constitution, explain the Parliamentary procedure for enacting a statute in
Malaysia.
How does the Federal system distributing their legislative power among the federal and state government
Delegated Legislation
Identify 3 main differences between an Act of Parliament and a subsidiary legislation.
With reference to one example of a 'personal law', define 'personal law'.
There are many types of Bills. State and define them.
Discuss Parliament's power to control the contents of a delegated legislation.
Describe the ways in which the courts can control delegated legislation.
Give THREE (3) reasons for the delegation of legislative powers by Parliament.
Explain three reasons why Parliament should not delegate its legislative powers.
Explain the 'Judicial Control' as one of the main controls of the subsidiary legislation.
Identify three (3) main differences between an Act of Parliament and a subsidiary legislation.
Explain 'legislative control' as one of the main controls of subsidiary legislation.
Discuss the power of Parliament to control the content of delegated legislation.
'Judicial Control' is one of the main methods of controlling subsidiary legislation. Explain what is meant by
'Judicial Control'.
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.

Parliament and the State Legislative Assemblies may delegate some of their legislative powers to another
person or body. Discuss three reasons for the delegation of powers.
Identify the three (3) main differences between an Act of Parliament and a subsidiary legislation.

Rules of Statutory Interpretation

With reference to a decided case, describe the literal rule OR the mischief rule.
With reference to a decided case, describe EITHER the literal rule OR the purposive approach with respect
to the interpretation of statutory provisions.
Apart from the main rules of statutory interpretation, what other references can the courts use to assist
them in interpreting statutes?

Secondary Rules
Chapter 7:
Alternative
Dispute
Resolution

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 Bar Council Legal Aid Scheme.
List out three (3) differences between arbitration and conciliation.
List three (3) reasons for the rising popularity of the Alternative Dispute Resolution (ADR) among the
general public and the legal profession in the recent years.
Explain the process of arbitration

3 advantages and disadvantages of ADR