chapter 1 Flashcards
what section of the FC describes the law?
Art. 160(2) FC
what laws does Malaysia practice?
common law and islamic law
what does Sarawak call their Acts?
ordinances
what are state laws called?
ordinances and enactments
where does common law originate from?
england
in which legal system does the judge dominate the court?
civil law
there are two systems used in courts, what are they?
adversarial and inquisitorial
which system does this describe?
- binding precedent
- responsibility of investigation on the police
- judge acts as a referee
adverserial system
which system does Malaysia use?
adversarial system
what does settled mean?
no existing law thus, common law automatically applies
what does ceded mean?
have existing laws thus local law still applicable until English Law formally introduced
what year did British come to Penang?
1786
how did the British get Penang?
sultal Abdullah from Kedah wanted protection from the siam which British agreed
what treaty was signed between sultan Abdullah and the British
peace and friendship treaty 1791
what was the case Ahoe and Keihin (1797) about?
adultery
what was the case James Sudd (1793) about?
a British citizen murdering someone and having to be sent to India and also proven not guilty
which lawyer found this period of legal chaos unfair
John dickens
what does lex loci mean?
law of the land
What case said Penang was ceded?
Regina v William, Maxwell R
what case said Penang was settled?
Fatimah v Logan, Hackett J
what case includes the Df promising to marry Pf but Df has sovereign immunity
Mighell v Sultan of Johor
which states are federated states?
Perak , selangor, N9 and Pahang
Which case talked about mining rights?
Pahang Consolidated Co. Ltd v State of Pahang
what does this case talk about?
Shaik Abdul Latif v Shaik Elias Bus
before Pangkor treaty, FMS only had muhammadan laws
what case establishes that islamic law is not foreign law?
Ramah v Laton
reasons for British intervention in Perak
succession system
Larut war
pangkur treaties
british intervention in selangor
klang war
piracy
British intervention in N9
dato kelana and dato Bandaraya were fighting
dato kelana asked for British help
British intervention in Pahang
British used a British man getting killed hear the rumah sultan to say he couldn’t enforce peace
informal reception of British law to FMS
advisor to sultan
courts and appointments of judges
what rule is established in Government of Perak v Adam?
tort law always refers to English law
what case talks about equity?
Motor Emporium v Arumugam
what was this case about?
Haji Abdul Rahman v Mohamed Hasan
the judge criticised the trial judge that he didn’t pay attention to Malay laws
formal reception of English laws
Civil Law Enactment 1937
what does s. 2 of the civil law enactment say ?
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.
why did British want the UFMS?
they were scared other powers would take them
what was the first contract between the siam and British? and what was it about?
Anglo siamese secret convention1897.
British protecting siam from any enemies
what was the second treaty made bu British and siam?
Anglo siam treaty 1909
which states are in UFMS?
Perlis, Kedah, Kelantan, and Terengganu
when did Johor join?
1914
informal reception of British laws on UFMS
British residence
courts established
judges appointed
formal reception of British laws on UFMS
Civil Law (Extension) Ordinance 1951
formal reception in Sarawak
1928 Order L-4 later replaced with 1949 Ordinance
informal reception of Sabah (north borneo)
laws enacted
judges, and courts
formal reception of Sabah (north borneo)
Civil Law Ordinance 1938 later replaced with Law Ordinance 1951
