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MLS test 1 > chapter 1 > Flashcards

chapter 1 Flashcards

1
Q

what section of the FC describes the law?

A

Art. 160(2) FC

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2
Q

what laws does Malaysia practice?

A

common law and islamic law

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3
Q

what does Sarawak call their Acts?

A

ordinances

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4
Q

what are state laws called?

A

ordinances and enactments

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5
Q

where does common law originate from?

A

england

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6
Q

in which legal system does the judge dominate the court?

A

civil law

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7
Q

there are two systems used in courts, what are they?

A

adversarial and inquisitorial

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8
Q

which system does this describe?
- binding precedent
- responsibility of investigation on the police
- judge acts as a referee

A

adverserial system

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9
Q

which system does Malaysia use?

A

adversarial system

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10
Q

what does settled mean?

A

no existing law thus, common law automatically applies

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11
Q

what does ceded mean?

A

have existing laws thus local law still applicable until English Law formally introduced

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12
Q

what year did British come to Penang?

A

1786

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13
Q

how did the British get Penang?

A

sultal Abdullah from Kedah wanted protection from the siam which British agreed

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14
Q

what treaty was signed between sultan Abdullah and the British

A

peace and friendship treaty 1791

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15
Q

what was the case Ahoe and Keihin (1797) about?

A

adultery

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16
Q

what was the case James Sudd (1793) about?

A

a British citizen murdering someone and having to be sent to India and also proven not guilty

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17
Q

which lawyer found this period of legal chaos unfair

A

John dickens

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18
Q

what does lex loci mean?

A

law of the land

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19
Q

What case said Penang was ceded?

A

Regina v William, Maxwell R

20
Q

what case said Penang was settled?

A

Fatimah v Logan, Hackett J

21
Q

what case includes the Df promising to marry Pf but Df has sovereign immunity

A

Mighell v Sultan of Johor

22
Q

which states are federated states?

A

Perak , selangor, N9 and Pahang

23
Q

Which case talked about mining rights?

A

Pahang Consolidated Co. Ltd v State of Pahang

24
Q

what does this case talk about?
Shaik Abdul Latif v Shaik Elias Bus

A

before Pangkor treaty, FMS only had muhammadan laws

25
Q

what case establishes that islamic law is not foreign law?

A

Ramah v Laton

26
Q

reasons for British intervention in Perak

A

succession system
Larut war
pangkur treaties

27
Q

british intervention in selangor

A

klang war
piracy

28
Q

British intervention in N9

A

dato kelana and dato Bandaraya were fighting
dato kelana asked for British help

29
Q

British intervention in Pahang

A

British used a British man getting killed hear the rumah sultan to say he couldn’t enforce peace

30
Q

informal reception of British law to FMS

A

advisor to sultan
courts and appointments of judges

31
Q

what rule is established in Government of Perak v Adam?

A

tort law always refers to English law

32
Q

what case talks about equity?

A

Motor Emporium v Arumugam

33
Q

what was this case about?
Haji Abdul Rahman v Mohamed Hasan

A

the judge criticised the trial judge that he didn’t pay attention to Malay laws

34
Q

formal reception of English laws

A

Civil Law Enactment 1937

35
Q

what does s. 2 of the civil law enactment say ?

A

any written law in force in Federated Malay State. Absent of local law, common law and equity shall (oblige) to be enforced in the Federated Malay State.
Proviso : The said common law and rules of equity shall be in force in the Federated Malay States so far as only it suits the local circumstances.

36
Q

why did British want the UFMS?

A

they were scared other powers would take them

37
Q

what was the first contract between the siam and British? and what was it about?

A

Anglo siamese secret convention1897.
British protecting siam from any enemies

38
Q

what was the second treaty made bu British and siam?

A

Anglo siam treaty 1909

39
Q

which states are in UFMS?

A

Perlis, Kedah, Kelantan, and Terengganu

40
Q

when did Johor join?

A

1914

41
Q

informal reception of British laws on UFMS

A

British residence
courts established
judges appointed

42
Q

formal reception of British laws on UFMS

A

Civil Law (Extension) Ordinance 1951

43
Q

formal reception in Sarawak

A

1928 Order L-4 later replaced with 1949 Ordinance

44
Q

informal reception of Sabah (north borneo)

A

laws enacted
judges, and courts

45
Q

formal reception of Sabah (north borneo)

A

Civil Law Ordinance 1938 later replaced with Law Ordinance 1951

MLS test 1 (1 decks)

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