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LW/APR 2007/LAW245

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

: : : :

MALAYSIAN LEGAL SYSTEM LAW245 APRIL 2007 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. This question paper consists of TWO (2) Parts : PART A (4 Questions) PART B (4 Questions)

2.

Answer TWO (2) questions from PART A and TWO (2) questions from PART B in the Answer Booklet. Start each answer on a new page. Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of: i) the Question Paper ii) an Answer Booklet - Provided by the Faculty

3.

4.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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LW/APR 2007/LAW245

PART A QUESTION 1 Define law according to the various jurists and schools of thought AND discuss the functions of law in a society. (100 marks)

QUESTION 2 R. J Wilkinson in his article, "Law: Introductory Sketch"., writes:" Malay adat laws were never committed into writing; they varied in each state; they did not harmonize with the doctrine of Islam...they were often expressed in metaphors or proverbs that seem to baffle interpretation...". With reference to the statement above, discuss the application of Malay Adat in Peninsular Malaysia and the native laws applicable in Sabah and Sarawak. (100 marks) QUESTION 3 Discuss fundamental liberties as guaranteed by the Federal Constitution. Are they absolute in nature? (100 marks) QUESTION 4 Discuss the composition and jurisdiction of the following:a) Juvenile Court (40 marks) b) c) Special Court for Rulers (30 marks) Court Martial (30 marks)

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PARTB QUESTION 1

Dave, who was delivering furniture to his customer's house, left his dog in his car with the window down. A group of mischievous boys were playing nearby and one of them threw stones at the dog. This enraged the dog and it jumped out of the open window and chased the boys. They ran and one of the boys, Sam, fell and broke his ankle. Mike who is Sam's father now wants to sue Dave. Advise Mike. (100 marks)

QUESTION 2 Maggie sent a telegram to Mimi concerning a housemaid who had left Mimi's employment to work for Maggie: "Juita has resumed her service with us today. Please send to me her possessions and the money you borrowed from her, also her wages which you have not paid and the cost of medical treatment for abusing her - Maggie." The telegram was opened and read by Mimi's new maid, Tatu. After reading the telegram Tatu ran away. Mimi claimed that the words stated in the telegram was defamatory and that Maggie intended them to mean that Mimi was in financial difficulties, had to borrow money from her housemaid, failed to pay her wages and abused her maid. Actually what in fact happened was that, Mimi never borrowed money from her maid Juita, and had kept the wages as requested by Juita herself and Juita was never abused but fell from the stairs because of her own carelessness. Advise Mimi whether she can take action against Maggie. (100 marks) QUESTION 3 Mr Moon built a house on a piece of land next to a lake where Mr San's club organised motor boat races and water skiing competitions. When Mr Moon began to build the house, he thought that the club's activities would not interfere with his enjoyment of his new house. However the water sports activities developed and boats became more powerful and noisy. As a result Mr Moon could not enjoy his hobbies such as reading and watching television. Advise Mr Moon whether he can take any action against Mr San? (100 marks)

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LW/APR 2007/LAW245

QUESTION 4 Discuss the law relating to trespass to person in Malaysia. (100 marks)

END OF QUESTION PAPER

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