...MALAYSIAN LEGAL SYSTEM LAW1020 QUIZ GENERAL INTRODUCTION TO THE CONCEPT OF “LAW” Name: …………………………………………………… Matrix No: ………………………… QUESTION 1 TRUE – FALSE: Answers T. F | 1. | Far from being remote, law affects every citizen at many points in his life. | T. F | 2. | “Law” is an English word that can be used in one specific way and capable of being defined precisely or adequately. | T. F | 3. | In its general usage, the word “law” is used only to express the sense ofabsolute certainty about the occurrence of a certain phenomenon. | T. F | 4. | In today’s modern period, owing to their individualistic as opposed to communal existence, human beings no longer need one another. | T. F | 5. | For centuries jurists and lawyers have come up with an accepted definition of the term “Law” or “to show what stands as law”. | T. F | 6. | The various major legal systems of the world today are closed categories. | T. F | 7. | The distinguishing feature of the Common Law legal system is that the rules of law are codified. | T. F | 8. | The Civil law system has its origin in France during the reign of Napoleon Bonaparte. | T. F | 9. | The origin of the Common law system can be traced in the practice of the early American settlers. | T. F | 10. | The “inquisitorial system” is the feature of the Civil law, while the “adversarial system”...
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...federal and state. This is known as the English common law and the rules of equity. In case, if there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied in accordance with the Civil Law Act 1956 (Revised 1972) only in the absence of local statues on the particular subject matter. It is mean that the common law and the rules of equity can be modified and should not follow the same law as administered in England. Common law and the rules of equity can be developed and amended according to the local needs. S3(1) of the Civil Law Act 1956 statutorily provides that only the part of the English Law that is suited to the local circumstances are to be applied : I. West Malaysia - the English common law and the rules of equity and statues of general application in England as 1 December 1951. II. Sabah – the English common law and the rules of equity and statues of general application in England as at 1 December 1951. III. Sarawak – the English common law and the rules of equity and statues of general application in England as at 12 December 1949. English laws subsequent to the said dates are not binding but of persuasive authority. According to Prof. Mark Cammack, Southwestern University, Islamic law is not a legal system, but a legal tradition, much like the common or civil law tradition. It is a set of related beliefs, attitudes, and...
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...Kedah.3 In Trengganu the Islamic Law was applied particularly in the time of Sultan Zainalabidin III.4In Johore the Majallat al-Ahkam a compendium of the civil law from Turkey, was translated into Malay, at the beginning of the twentieth century and ordered to be applied in Johore. Similarly the Hanafite Code of Qadri Pasha in Egypt was adapted and translated into Malay as the Ahkam Shariyyah,Johore.5 However with the coming of the British and their influence in the Malay States, English Law was introduced in the form of codes taken from those enacted in India, including the Penal Code. the Contract Act, the Evidence Act, the Criminal Procedure Code, the Civil Procedure Code: and in the field of land law legislation based on the Torrens System was introduced. The introduction of these laws meant that the Islamic Law was no Ionger applicable in the areas covered by those laws. More significantly still, courts were set up headed by British judges trained in the English Common Law and the judges of these Courts tended to apply the English Law whenever there was no legislation which could be applied. In this way the law of torts and the rules of equity were introduced in the Malay States. The attitude taken by the British judges was confirmed by the Civil Law enactments of 1937 and 1951 6 and finally the Civil Law Ordinance, 1956. 7 which stated that in the absense of any written law, the court shall apply in West Malaysia the Common Law...
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...will learn more about the country, especially about the legal Risks. In response to this part, we will answer to many questions. * What kind of legal system does the country use? As you know, it exists 3 main different legal systems around the world, which are the Civil law, the Common law and the Islamic law. To understand more about those 3 legal systems, we will explain the main differences and the countries where those legal systems are used by a classification. The civil law: is used Mainly by the Asian countries, European countries, Central and South American’ countries with many exceptions like India in Asia, which are not using the civil law, or also Saudi Arabia. The civil laws are based on statutory law. Judges take decisions and each law is written in a book. The decisions must be taken in relationships with this book. The common law: is based on decisions taken by the previous court. In France, judges to take decisions when the situation or the case is not very explicit sometimes use the common law. This type of decision is called “ jurisprudence” in France. This legal system is mainly used by North American countries (United States and Canada), Australia, United Kingdom, and also India and South Africa. The Islamic law: is completely different with the common law and the civil law. Everything is based on the holy Quran and the religion. Islam drives the country as well as the legal system or decisions making. For instance, in Saudi Arabia, women...
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...Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP 6 I. Definition: legal interpretation and application I.1 Legal Interpretation ...
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...Presentation To Buy This material Click below link http://www.uoptutors.com/CJA-483/CJA-483-Week-5-Learning-Team-Territory-of-Apollo-Proposal-Presentation Due to a series of natural disasters, a portion of California has broken and separated from the mainland, forming an island. To help pay for the disaster relief, the United States government has permitted the Apollo corporation to purchase the land and form its own territory. Apollo is considering which criminal justice system to implement. Prepare a 17-20 slide Power Point presentation proposal to be presented to the Board of Directors of Apollo, identifying the recommended criminal justice system, the reasons underlying your recommendations, and the practical considerations of implementing the system; for example, how the criminal code will be established, what the main tenets of the criminal procedure will be, how the police system will operate, and how the correctional system will be structured. Choose either a civil law, common law, socialist law, or Islamic law system, or create a hybrid. Specific Instruction this presentation is a minimalist presentation. No clipart or graphics unless they directly relate to a point in your presentation- e.g. maps or overhead imagery, etc. No animations, builds or backgrounds / themes. Bullets on each slide should be in 24-point to 16-point Ariel font, no smaller than 16-point. Make extensive use of your notes pages to explain each bullet point. Present the assignment at the end of Week...
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...Chapter 07 The International Legal Environment: Playing by the Rules True / False Questions 1. | The form of law found in the United States and England is classified as civil or code law. True False | 2. | The form of law found in Germany, France, and Japan is called civil or code law. True False | 3. | Common law is based on an all-inclusive system of written rules of law. True False | 4. | Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal. True False | 5. | Islamic law prescribes specific patterns of social and economic behavior for all individuals. True False | 6. | Code law prohibits the receipt and payment of interest on loans. True False | 7. | In Marxist–socialist societies, law is subordinate to prevailing economic conditions. True False | 8. | The World Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference...
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...rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law system will provide flexibility that economics and commercials actors need in order to conduct their businesses. On the other hand, parties can agree on competence of jurisdiction. Indeed, this competence will be determined by their choice. For practical reasons,...
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...maritime law in respect of maritime liens and the differences in recognizing foreign maritime liens. I have chosen to compare the domestic law in the United Kingdom with the United States because I feel that they are managing conflicts of law very differently from one another and I want to get a deeper knowledge in these states law. The American court recognizes foreign maritime liens while the United Kingdom do not; they apply the lex fori (i.e. their own law). This had caused a huge uncertainty in the right of the international ship suppliers. Because the states is so in-cohesive in this area of law I thought it would be interesting to compare these and see how they handle conflicts of law. I will bring out the weaknesses in the different systems and also the positive things. Finally, after this comparison I will make an argumentative conclusion of what I think would be best further on and hopefully an attempt for a somewhat solution. 2. Introduction 2.1 Origins of maritime liens Maritime liens are a historic feature from the modern admiralty law. The first maritime lien can be traced all back from the ancient world and especially from the medieval European lex maritime, which back then, governed...
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...In the beginning Nigeria was controlled and influenced by the British through the 19th century; Nigeria finally earned its independence in 1960. Nigeria is the largest most populated country in Africa. After 16 years of military rule Nigeria’s independence came in 1960. Today Nigeria is by far Africa’s leader in economic power. Nigeria earned its independence from Great Britain on the first of October 1960. The constitution of Nigeria was not written until the May 5, 1999 and it was not effective until May 29th, 1999. Nigeria has a Federal Republic government system. Nigeria has mixed legal system made up of English common law and Islamic in 12 northern states and Traditional law. Nigeria’s Administrative divisions are broken up in 36 states and 1 territory. Nigeria has a bicameral legislative branch consisting of a Senate and a House of Representatives. The Senate has 109 seats each member holding the seat for four years, and the House of Representatives have 360 seats with each member also hold the seats for four years. Nigeria has the world’s eighth largest population; according to ww.cia.gov Nigeria has approximately 174,507,539 as of July 2013. Nigeria is composed of more than 250 ethnic groups. The most prevalent being Hausa and Fulani making up 29% of the population, followed closely behind by Yoruba 21%. Muslim is by far the most popular Religious choice; Christianity is a close second. Nigeria has an average life expectancy of 52 years; this is boosted mostly by...
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...Virtual Organization System Inventory Timothy L Welty BSA310 October 27, 2014 Peng Virtual Organization System Inventory Assignment: Select one of the following Virtual Organizations: * Huffman Trucking Complete the following chart, filling in information for each system used at the Virtual Organization. Add rows to the chart as necessary. Huffman Trucking “Huffman trucking is a national transportation company. The company's 1,400 employees work in its logistical hubs located in Los Angeles, California, St. Louis, Missouri, and Bayonne, New Jersey; its central maintenance facility is in Cleveland, Ohio; and as drivers of its 800 road tractors. The company expects to earn revenues during fiscal year 2004 in excess of $600,000,000 (Virtual Organization, 2014).” System Name | Brief Description | Department to Use the System | Purpose of the System | Connects With | Development Details | Finance & Accounting Systems | Application is licensed on an annual per user basis from a vendor specializing in F & A systems for the transportation industry | Finance and Accounting Systems | General ledgerAccounts PayableAccounts ReceivableCash ManagementBilling/InvoicingCredit/CollectionsCostingProperty ManagementAssetsTaxes | Integrated with the Fleet Maintenance System and the Enterprise Transportation Application | Maintenance costingFuel management and costingWarranty managementMaterials inventory managementFixed assets | System Name | Brief Description | Department...
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...Summary of the Case: Pandori, a Khalsa Sikh and teacher under the Peel Board of Education was prohibited to wear his religiously significant Kirpan due to a new no-weapons policy in his school district. The Peel Board made this policy in a response to the supposed increasing number of knife incidents and violence in its schools. Pandori took this case to the Ontario Human Rights Commission which set up an inquiry under the Human Rights Code to investigate it. They found that there were little-to-no incidents of a Kirpan being used as a weapon let alone in any Peel school and that other Toronto-area schools were allowing students and faculty to wear them freely. With this, the Board of Inquiry ruled that this policy amounted to religious discrimination. But the Peel School Board argued that the kirpan could be seen as a dangerous weapon by other non-Sikhs and were already prohibited in some courtrooms and airplanes for that exact reason. The Peel School Board then claimed that it is reasonable to impose Kirpans to ensure the safety of the school and that they would not accommodate to the requirements of the Khalsa Sikhs. The Board of Inquiry eventually ruled that the school boards policy discriminated against Khalsa Sikhs and allowed Pandori to continue to wear his Kirpan, if the Kirpan could not be easily removed from its sheath. The Crowns position: The Board in Inquiry ruled that the school boards policy discriminated against Khalsa Sikhs and allowed Pandori to continue to...
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...Apple vs Proview The main direct legal issue concerns the transferring and ownership of the ‘iPad’ trademark. I believe that it is a direct issue because it is what ignited the whole problem when Proview Technology claimed Apple to be in violation of the ‘iPad’ trademark. This is because Apple bought the ‘iPad’ trademark from Proview Electronics (Taiwan), when at the time Proview Technology (Shenzhen) actually owned it. Thus it seems Proview Electronics sold the trademark to Apple, but did not actually own it. Therefore the question is whether Proview Technology gave any authority to Proview Electronics to sell the ‘iPad’ trademark, or whether Proview Electronics had the right to sell the trademark, which it seems that they did not. To avoid this, Apple should have checked carefully who owned the trademark before entering into the contract. Another direct legal issue is the contract that was signed between Apple and Proview Electronics (Taiwan). I believe this to be a direct issue because the contract was not clear, which consequently led Apple to believe that they had purchased the ‘Global Trademark’ which entitled them to sell the iPad in many different countries, including China – but it didn’t. If it was clear and Apple had known that they had not received the rights to sell in China, they would not have sold the iPads there in the first place. One important question is also whether Proview Technology and Proview Electronics, has joined together to mislead and induce Apple...
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...INTER-NATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME Note: Any views expressed are those of the author and are not attributable to any government or organization. I INTRODUCTION With advances in technology, and the ease of global travel, the world we live in has become, in many ways, as Canadian author Marshall McLuhan predicted "a global village". This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes...
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...international trade and how it does happen. To do so, researches about the topic will be covered and some worldwide statistics are gathered together. Empirical Studies There are few empirical studies about impacts of religion on international trade or its relationship with international trade. In shared research of Emilia Justyna Powell, University Alabama, and Stephanie J. Rickard, London School of Economics, impacts of Islamic law on international trade is examined. Two models which are monadic and dyadic techniques are used in this study. The main purpose of them to demonstrate whether or not countries governed by Islamic law are effected regarding their international trade although they believe that “the importance of countries’ legal systems for trade has declined over time, possibly due to the increased role of international arbitration bodies and/or the standardization of international sales contracts (Powell & and Rickard, 2010). This research is important as being the first direct test of the effect of Islamic law on countries’ trade relations. The researched draws our attention to the situation that trade can be conceptualized as the aggregate flow of goods and services between countries but in fact that flows are a series of contracts between buyer and seller countries. Enforcement of contract is really important to reduce risk and cost of business. In case of occurrence of a problem in the contract courts become important player due to their role of enforcement...
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