chapter 1

Question 1

what section of the FC describes the law?

Answer 1

Art. 160(2) FC

Question 2

what laws does Malaysia practice?

Answer 2

common law and islamic law

Question 3

what does Sarawak call their Acts?

Answer 3

ordinances

Question 4

what are state laws called?

Answer 4

ordinances and enactments

Question 5

where does common law originate from?

Answer 5

england

Question 6

in which legal system does the judge dominate the court?

Answer 6

civil law

Question 7

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

Answer 7

adversarial and inquisitorial

Question 8

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

Answer 8

adverserial system

Question 9

which system does Malaysia use?

Answer 9

adversarial system

Question 10

what does settled mean?

Answer 10

no existing law thus, common law automatically applies

Question 11

what does ceded mean?

Answer 11

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

Question 12

what year did British come to Penang?

Answer 12

1786

Question 13

how did the British get Penang?

Answer 13

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

Question 14

what treaty was signed between sultan Abdullah and the British

Answer 14

peace and friendship treaty 1791

Question 15

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

Answer 15

adultery

Question 16

what was the case James Sudd (1793) about?

Answer 16

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

Question 17

which lawyer found this period of legal chaos unfair

Answer 17

John dickens

Question 18

what does lex loci mean?

Answer 18

law of the land

Question 19

What case said Penang was ceded?

Answer 19

Regina v William, Maxwell R

Question 20

what case said Penang was settled?

Answer 20

Fatimah v Logan, Hackett J

Question 21

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

Answer 21

Mighell v Sultan of Johor

Question 22

which states are federated states?

Answer 22

Perak , selangor, N9 and Pahang

Question 23

Which case talked about mining rights?

Answer 23

Pahang Consolidated Co. Ltd v State of Pahang

Question 24

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

Answer 24

before Pangkor treaty, FMS only had muhammadan laws

Question 25

what case establishes that islamic law is not foreign law?

Answer 25

Ramah v Laton

Question 26

reasons for British intervention in Perak

Answer 26

succession system Larut war pangkur treaties

Question 27

british intervention in selangor

Answer 27

klang war piracy

Question 28

British intervention in N9

Answer 28

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

Question 29

British intervention in Pahang

Answer 29

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

Question 30

informal reception of British law to FMS

Answer 30

advisor to sultan courts and appointments of judges

Question 31

what rule is established in Government of Perak v Adam?

Answer 31

tort law always refers to English law

Question 32

what case talks about equity?

Answer 32

Motor Emporium v Arumugam

Question 33

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

Answer 33

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

Question 34

formal reception of English laws

Answer 34

Civil Law Enactment 1937

Question 35

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

Answer 35

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.

Question 36

why did British want the UFMS?

Answer 36

they were scared other powers would take them

Question 37

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

Answer 37

Anglo siamese secret convention1897. British protecting siam from any enemies

Question 38

what was the second treaty made bu British and siam?

Answer 38

Anglo siam treaty 1909

Question 39

which states are in UFMS?

Answer 39

Perlis, Kedah, Kelantan, and Terengganu

Question 40

when did Johor join?

Answer 40

1914

Question 41

informal reception of British laws on UFMS

Answer 41

British residence courts established judges appointed

Question 42

formal reception of British laws on UFMS

Answer 42

Civil Law (Extension) Ordinance 1951

Question 43

formal reception in Sarawak

Answer 43

1928 Order L-4 later replaced with 1949 Ordinance

Question 44

informal reception of Sabah (north borneo)

Answer 44

laws enacted judges, and courts

Question 45

formal reception of Sabah (north borneo)

Answer 45

Civil Law Ordinance 1938 later replaced with Law Ordinance 1951