SULIT NOV/2008/LBA1023

FINAL EXAMINATION
SEMESTER 1, ACADEMIC SESSION 200812009

DATE :NOVEMBER 2008 DURATION: 2 % HOURS

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LBAl023
MALAYSIAN LEGAL SYSTEM 1

INSTRUCTIONS TO CANDIDATES:

1. Answer T-E (3) questions only.

2. Al1 answers must be written in English.
3. Al1 answers must be clearly written and readable.
4. Al1 answers must be written in the Answer Booklet provided.
5. Candidates are not allowed to bring any notes into the examination hall.
6. Candidates are not allowed to take question papers out of the exarnination hall.
7. Please complete your particulars in the Borang H and the Answer Booklet.

DO NOT OPEN THIS QUESTION BOOKLET UNTIL YOU ARE TOLD TO DO SO

This question booklet has TWO (2) printed pages excluding this cover page
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HAKCIPTA TERPELIHARA SULIT

SULIT NOV/2008/LBA1023

1. Naturalists oppose legal formalism and rule of certainty expounded by the legal
positivists. The naturalists instead reiterate that law should be based on nature and
externa1 elements.

Do you agree? Cornrnent.

(20 marks)

2. Elaborate the following:

(a) The Federal-State relations in Malaysia

(10 marks)

(b) Position of Islam and Islarnic Law in Malaysia

(10 marks)

3. Critically analyse the following cases:

(a) Metramac Corp Sdn Bhd v. Fawziah Holdings Sdn. Bhd. [2006] 4 MLJ 113
(5 marks)

(b) Dalip Bhagwan Singh v. Public Prosecutor [1998] 1 MLJ 1

(5 marks)

(c) Khalid Panjang v. Public Prosecutor (No. 2) [1964] MLJ 108

(5 marks)

(d) Kesultanan Pahang v. Sathask Realty [1997] 2 MLJ 701

(5 marks)

4. Per Lord Scarman in Jarnil bin Harun v. Yana Kamsiah r19841 1 MLJ 217, 219
(Privy Council):

Their Lordship do not doubt that it is for the courts of Malaysia to decide, subject
always to the statute of law of the Federation, whether to follow English case law.
Modern English authorities may be persuasive, but are not binding.

Based on that ruling, write a critica1 essay about the extent of English law
application as provided under the Civil Law Act 1956.
(20 marks)

SULIT
SULIT

5.
(a) Lord Denning mentioned that:
"....the judges ought not to go by the letter of the statute. They ought to go by

the spirit of it."

(Lord Denning, The Closing Chapter, 1983, London: Butterworths p.97)

Elucidate the application of purposive rule in the Malaysian courts.

(10 marks)

(b) Discuss the judicial controls over subsidiary legislation

(10 marks)

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HAKCIPTA TERPELIHARA SULIT