Legal System

Question 1

What is Law?

Answer 1

Law is a formal mechanism of social control.

Question 2

Why do we need Law?

Answer 2

To establish and maintain social order.

Question 3

Common Law is __________.

Answer 3

judge-made

Question 4

____________ is produced by parliament

Answer 4

Statute Law

Question 5

Private law relates to a _________.

Answer 5

citizen

Question 6

Public law relates to ________.

Answer 6

institutions of government

Question 7

5 approaches that assist the judges in the interpretation of the statute are :

Answer 7

I. The literal approach
II. The golden approach
III. The mischief approach
IV. The purposive approach
V. The contextual approach

Question 8

The Supreme Head of the Federation is the ______________.

Answer 8

Yang Di-Pertuan Agong

Question 9

The ______________ built the Malaysian Constitution based on the Doctrine of the ____________________.

Answer 9

Reid Commission, Rule of Law

Question 10

The rule of law means that _______________________

Answer 10

“no one is above the law.”

Question 11

Explain the Doctrine of Rule of Law.

Answer 11

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”.

Question 12

Sustainable Development Goal 16 (SDG 16) is associated with the promotion of ______________.

Answer 12

peace, justice and strong institutions

Question 13

Explain the 4 key principles of the Rule of Law.

Answer 13

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.

Question 14

Why does the Rule of Law matter?

Answer 14

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.

Question 15

The doctrine of stare decisis refers to _________________________.

Answer 15

the fact that courts are bound by previous decisions of courts.

Question 16

What is Judicial precedent?

Answer 16

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.

Question 17

The highest court in Malaysia is _________

Answer 17

Federal Court

Question 18

The head of the Malaysian Judiciary is __________.

Answer 18

Chief Justice

Question 19

The Federal Court consists of _______________

Answer 19

Chief Justice , The President of the Court of Appeal, The Chief Judge of Sabah and Sarawak and 6 Federal Court Judges.

Question 20

Federal Court will hear on matters pertaining to:

Answer 20

On the point of law & General principles decided for the first time in advantage of the public.

Question 21

The Court of Appeal has the power to receive fresh evidence and reverse the decision of the high court. True/False

Answer 21

True

Question 22

The High Court deals matters on

Answer 22

o Specific performance
o Rescission of contract
o Injunctions
o Custody of minors
o Dissolution of marriage

Question 23

Magistrates can issue _________.

Answer 23

summons, writs, warrants, bails and transfer proceeding to session courts

Question 24

_________________ prescribes that Islamic law and Islamic matters fall under the jurisdiction of the Syariah Court.

Answer 24

Article 74 of the Federal Constitution

Question 25

Syariah Court is established out of _____________ .

Answer 25

state law

Question 26

The Juvenile court handles criminal offenders who are _______18 years old.

Answer 26

below

Question 27

Two Acts that governs the employment laws in Malaysia is ____________

Answer 27

Employment Act 1955 and the Industrial Relations Act 1967

Question 28

Labour Court & Industrial Relation Court that deal with _________________.

Answer 28

employment disputes

Question 29

Tribunal for Consumer Claims was established by the _____________.

Answer 29

Consumer Protection Act 1999

Question 30

Tribunal for Consumer Claims hears _______________

Answer 30

cases by consumers against manufacturers and suppliers of consumer goods and services