Malaysian Legal System Exam Preparation

These flashcards cover key concepts, principles, and case law within the Malaysian legal system to aid in exam preparation.

What was the result of the case Mamat Bin Daud & Others v Government of Malaysia?

The Supreme Court struck down Section 298A of the Penal Code as unconstitutional.

What sections of the Federal Constitution are involved in determining legislative authority over Islamic affairs in Malaysia?

Article 3(1), Article 74(1), and Article 74(2).

What is the significance of Article 4(1) in the Malaysian Federal Constitution?

It states that the Constitution is the supreme law of the Federation, and any law inconsistent with it is void.

Define Public Law as it pertains to the Malaysian legal system.

Public law is legislation that affects the public at large and applies at a national level.

Describe the role of the Attorney-General in cases of Public Nuisance.

The Attorney-General may bring an action to restrain a public nuisance without needing to prove special damage.

What is the doctrine of Separation of Powers in the Malaysian context?

It refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

What is the hierarchy of courts in Malaysia?

The hierarchy includes the Federal Court, Court of Appeal, High Courts (Peninsula Malaysia and Borneo), Sessions Court, and Magistrates Court.

What are the fundamental liberties guaranteed by the Malaysian Federal Constitution?

They include personal liberty, freedom of speech, and freedom of religion.

What are the main sources of law in Malaysia, ranked by importance?

1. Federal and State Constitutions 2. Legislation 3. Judicial Decisions 4. English law 5. Islamic law 6. Customary law.

What must be proven to establish negligence in tort law?

1. Duty of care 2. Breach of duty 3. Damage.

What does 'stare decisis' mean in the context of Malaysian courts?

It means to stand by what has been decided; lower courts must follow precedents established by higher courts.

How does the legislative process in Malaysia conclude with a Bill becoming an Act?

A Bill becomes an Act after being passed by both houses, receiving Royal Assent, and being published.

In contract law, what must be present for a contract to be valid?

Offer, acceptance, intention to create legal relations, and consideration.

What are the two types of torts identified in Malaysian law?

1. Negligence 2. Nuisance.

What are remedies for breach of contract in Malaysian law?

1. Damages 2. Specific Performance 3. Injunction.

Why is the case Donoghue v Stevenson significant in tort law?

It established the Neighbour Principle, indicating that a manufacturer has a duty of care to the ultimate consumer.

What distinguishes between public nuisance and private nuisance in tort law?

Public nuisance affects a whole community or class of people, whereas private nuisance only affects individual rights.

What is the function of the Judiciary in the Malaysian Government system?

The Judiciary hears and determines civil and criminal matters and interprets written law.

What is the importance of the Ninth Schedule in the Malaysian Federal Constitution?

It outlines the division of powers between federal and state authorities, specifying the federal list, state list, and concurrent list.

What defines 'trespass' in the context of property law?

Trespass is an unlawful intrusion that interferes with one’s person or property.

In tort law, what defines 'negligence'?

Negligence involves the breach of a legal duty to take care, resulting in damage to another person.

What is the meaning of 'quantum meruit'?

It allows a party to claim reasonable remuneration for work or services rendered to another party.

What is a hybrid bill?

A hybrid bill concerns matters of public interest that may adversely affect private bodies or individuals.

What is the legislative role of the Dewan Rakyat?

The Dewan Rakyat is the lower house of Parliament, composed of elected representatives, with primacy over the Dewan Negara.

What does 'injunction' refer to in contract law?

An injunction is a court order to restrain a party from carrying out a particular act.