Sahrip V Mitchell & Anor: To Maintain An Orderly Social Life of A Society
Sahrip V Mitchell & Anor: To Maintain An Orderly Social Life of A Society
Select one:
A.
There is proof of the existence of the custom as far back as living witnesses can
remember.
2.In the case of customs, long usage establishes custom, and it is the custom that becomes law,
which gives title to a class of persons in a locality and gives it to them at once.”
6.The Judges normally used the basis of cases that came before them and concentrate
more on remedies rather than rights.
Which type of law does the above situation refers to?
Common Law
7.What is the law system widely practiced in the European Countries?
Civil Law system
8.“In one of the proceeding in Court, the judge keeps asking the questions and direct the
evidences that he wants to hear. The lawyer only commenting on the evidences and
cross-examine the judge witness”.
What type of legal system does the above proceeding reflect?
Civil Law
9.This source of law was introduced or developed as a result of rigidity and inflexibility of
the common law. It promotes fairness and justice in the law.
What source of law does the above statement refer to?
Equity
10.Which of the following illustrates the main differences between the Common Law and
Civil Law system?
The Common Law System adopts the procedure known as adversarial while the Civil Law
System adopts the procedure described as inquisitorial.
11.Malik bought several items from MRDIY superstore. He has been charged with tax on
the goods purchased.
Indirect tax
12.Which of the following are classified under public law?
Criminal Law, International Law and Taxation Law
13.Individuals in a society should be left free to pursue their self-perceived notions
without any intrusion from the government either through regulation or by endorsement
of particular conceptions of what the good life might be.
This theory is known as __________________.
Classical Liberalism.
14.Aiman borrowed RM 50,000 from Anis and promised to pay her after two days.
However, two days later he failed to pay Anis. Anis now wants to take action against
Aiman in the court of law.
Private Law
15.There are two types of interest involved in this type of law. They are legal interest and
equitable interest.
Which of the following explains the concept of equitable interest?
Doctrine of Reception
It was developed to fill in the gaps and to remedy the weaknesses under the
Common Law system.
18.The decision in the case of Ramah v Laton has provided a significant principle.
What was the principle derived from this case?
Islamic law was to be accepted by the civil courts as local law and not foreign law.
19.In the nineteenth century, Penang, Malacca, Negeri Sembilan and Singapore were
once known as _________________.
20.Which of the following statement refers to one of the weaknesses of the Common
Law System?
Under the Federal Constitution, the Yang DiPertuan Agong shall within thirty days after it
is presented to him, assent to the Bill by causing the Public Seal to be fixed thereto.
22.In order to enact the law in Parliament, the bill shall go through several stages in both
Houses.
Which of the following is NOT part of the legislative procedure?
Fourth Reading
Enactments
25.Razak won the General Election in 2018 as a member of Parliament for Putrajaya
constituency.
Which of the following might be among the roles of Razak?
26.A Bill was proposed by the Dewan Rakyat. However, the Dewan Negara was quite
reserved with the content of the Bill and refused to pass that particular Bill. This scenario
means ______________.
The Bill can only be delayed by the Dewan Negara because the Dewan Negara cannot
reject any Bills.
27.On one occasion in 2015, the Parliament make law related to the acquisition of land in
Kelantan.
What is the effect of the above law?
Valid because the Parliament doing so due to uniformity of law between states in
Malaysia
28.Parliament in Malaysia is known as bicameral because the Parliament
_____________________
is having two Chambers that is the Dewan Negara and Dewan Rakyat
Three years
31.This court has the jurisdiction to determine whether a law made by Parliament or by
the legislature of a state is invalid on the ground it deals with a matter in which it has no
power to legislate and to advise the Yang Di Pertuan Agong on any matters referred
concerning the effect of any provision of the constitution.
32.Nana would like to appeal her case in Magistrates’ Court regarding payment of loan
with CIMB Bank.
In which Court should Nana appeal to?
Sessions Court
33.The superior courts of Malaysia today are made up of the following courts
_______________.
The Federal Court, the Court of Appeal and the High Court.
Sessions Court
Magistrates’ Court
37.This Court deals with the dispute between employers, employees and trade unions.
Which court does the above statement refer to?
Industrial Court
38.Bijak Niaga Sdn Bhd unable to pay their debt to Imamah Moneylender amounted to
RM1,500,000.00.
Which court will have the jurisdiction to hear the case between Bijak Niaga Sdn Bhd and
Imamah Moneylender?
High Court
39.This court is comprised of the President and ten other judges. It has the jurisdiction to
determine appeals from the High Court and any other jurisdiction as may be conferred
by federal law.
Which court referred by the above statement?
Court of Appeal
High Court
41.The sources of Islamic law can be divided into primary sources and secondary sources.
Which of the following falls under the primary source?
Quran
45.At the beginning of 20th Century, the Codification of Islamic Law from Turkey and
Egypt was translated into Bahasa Melayu and was adopted by this state.
Which state is referred to by the above statement?
Johore
Dina and Amir would like to appeal their matrimonial case from Shariah High Court.
Which court should hear their appeal?
Shariah Court of Appeal
When the amount or value of the subject matter in dispute is less than RM50,000
Which Articles in the Federal Constitution provides for the position of Islam?
In civil matters, the Federal Court cannot reopen or review its own earlier decisions,
Except in very exceptional circumstances.
This is called the principle of ___________________.
Res judicata
In Malaysia, if the Federal Constitution does not cover an area , the States have “residual
power” to deal with that matter as provided in __________.
If a precedent which is prima facie binding is simply ignored, the decision may be
considered to be per incuriam.
Which of the following is not the common method used to avoid precedents?
The statement in the earlier case is ratio decidendi rather than obiter dicta
Which statement refers to the term ‘judicial precedent’?
A process whereby judges follow previously decided cases where the facts are of
sufficient similarity
What is the term for the principle of law that a decision by a higher court is binding on
the lower courts?
Stare Decisis
The Judge in High Court departs from the decision made by the Session Court Judge
because the Judge of the view that the decision of the Sessions Court’s Judge is wrong.
Which terminology is best describes the decision made by the High Court Judge in the
above scenario?
Overruled
Which of the following is an important principle of Judicial Precedent?\
Subordinate courts must follow the ratio of decision of superior courts in their hierarchy
Which of the following is the extrinsic aids of the interpretation?
Parliamentary debate
This rule of interpretation is presumptions which apply to specific situations. Literally, it is
something known by its associates. The most obvious example of its use is to restrict the
scope of words by referring to other words in their immediate context.
This rule is also known as _____________________
Noscitur a sociis
To aid themselves in interpreting statutes, the judges have developed a number of rules.
One rule is associated with the grammatical and ordinary sense of the words which is to
be adhered to unless it would lead to some absurdity, or some repugnance or
inconsistency with the rest of the instrument, in which case the grammatical and ordinary
sense of the words may be modified, so as to avoid the absurdity and inconsistency, but
no further.
This statement refers to the rule known as _________________.
the Golden Rule
Which of the followings is NOT the benefit of the Literal Rule?
Reforms have made a significant contribution to favouritism by courts of this approach.
Which of the following refers to the sources of interpretation?
Internal aids