18 Questions
What is the decision-making process when a case before a judge is without precedent?
The decision must be made based on justice, equity, and good conscience
Which court enforces Islamic law in Malaysia?
Syariah courts
What kind of jurisdiction do Syariah courts possess in Malaysia?
Civil and criminal jurisdiction
Which of the following is NOT an example of civil jurisdiction cases handled by Syariah courts?
Bankruptcy
What is the maximum punishment that can be imposed by Syariah courts according to Islamic law?
$5,000 fine, imprisonment up to 3 years, or whipping up to six strokes
Where can customary law primarily be found?
The customs of local inhabitants
What is the supreme law of the land in Malaysia?
The Federal Constitution
Which of the following is NOT a function of the Federal Constitution?
Regulating state government matters
What do the state constitutions in Malaysia contain provisions for?
All of the above
Which legislative bodies enact laws in Malaysia?
Both Parliament and State Legislative Assemblies
What is the term used to refer to laws enacted by legislative bodies?
Legislation
Which of the following is NOT a component of the written law in Malaysia?
Judicial decisions
What did the court hold in Kon Thean Soong v Tan Eng Nam regarding English Partnership law?
It is not applicable in Malaysia due to the Contracts (Malay States) Ordinance.
In Shaik Sahied v Sockalingam Chettiar, why did the Privy Council hold that the English Moneylenders’ Act was not applicable to the Straits Settlements?
Because of the silence in Section 5 of the Civil Law Act on matters relating to local circumstances.
What is the main basis of judicial decisions in Malaysian courts?
Binding judicial precedent.
Which courts are bound by their own decisions?
Some courts.
What kind of precedent is a decision made by judges previously in similar situations known as?
Declaratory Precedent.
Why did the court in Kon Thean Soong v Tan Eng Nam hold that English Partnership law was not applicable in Malaysia?
Because of the existence of the Contracts (Malay States) Ordinance.
Explore the application of English Commercial Law in Malaysian court cases such as Kon Thean Soong v Tan Eng Nam and Shaik Sahied b Abdullah Bajerai v Sockalingam Chettiar. Understand the implications and limitations of applying English law in a Malaysian legal context.
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