Legal System Flashcards
What is Law?
Law is a formal mechanism of social control.
Why do we need Law?
To establish and maintain social order.
Common Law is __________.
judge-made
____________ is produced by parliament
Statute Law
Private law relates to a _________.
citizen
Public law relates to ________.
institutions of government
5 approaches that assist the judges in the interpretation of the statute are :
I. The literal approach
II. The golden approach
III. The mischief approach
IV. The purposive approach
V. The contextual approach
The Supreme Head of the Federation is the ______________.
Yang Di-Pertuan Agong
The ______________ built the Malaysian Constitution based on the Doctrine of the ____________________.
Reid Commission, Rule of Law
The rule of law means that _______________________
“no one is above the law.”
Explain the Doctrine of Rule of Law.
The Doctrine states that by having a strong rule of law; governments give businesses and society the stability of knowing that all rights are respected and protected. A strong rule of law includes “Clearly written and easily accessible laws that create certainty and enforceability of legal rights”.
Sustainable Development Goal 16 (SDG 16) is associated with the promotion of ______________.
peace, justice and strong institutions
Explain the 4 key principles of the Rule of Law.
i. Equality under the law - The law will govern the actions of both government and private persons, and their relationship with each other.
ii. Transparency of law - The government enacts law in an openly and transparently.
iii. Independent judiciary - The courts will apply the law independently of political or outside influence.
iv. Accessible legal remedy - The law is clear and known, and it is applied equally to everyone.
Why does the Rule of Law matter?
i. The Rule of Law matters because it seeks to treat all persons fairly and equally.
ii. Without the Rule of Law, you could be imprisoned without reason.
iii. Without the Rule of Law, the government could seize your property or remove your children arbitrarily.
iv. Without the Rule of Law, a wealthy person could escape the consequences of intentionally injuring another person for no reason.
The doctrine of stare decisis refers to _________________________.
the fact that courts are bound by previous decisions of courts.
What is Judicial precedent?
A court must decide an issue in a particular way today because a court has decided a similar issue in the same way in the past.
The highest court in Malaysia is _________
Federal Court
The head of the Malaysian Judiciary is __________.
Chief Justice
The Federal Court consists of _______________
Chief Justice , The President of the Court of Appeal, The Chief Judge of Sabah and Sarawak and 6 Federal Court Judges.
Federal Court will hear on matters pertaining to:
On the point of law & General principles decided for the first time in advantage of the public.
The Court of Appeal has the power to receive fresh evidence and reverse the decision of the high court. True/False
True
The High Court deals matters on
o Specific performance
o Rescission of contract
o Injunctions
o Custody of minors
o Dissolution of marriage
Magistrates can issue _________.
summons, writs, warrants, bails and transfer proceeding to session courts
_________________ prescribes that Islamic law and Islamic matters fall under the jurisdiction of the Syariah Court.
Article 74 of the Federal Constitution
