Application of English Commercial Law Case Studies
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Questions and Answers

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 (correct)
  • The decision must be based on Islamic law principles
  • The decision must align with customary law practices
  • The decision is automatically postponed

    • Which court enforces Islamic law in Malaysia?

  • Syariah courts (correct)
  • Common law courts
  • Customary courts
  • Administrative courts

    • What kind of jurisdiction do Syariah courts possess in Malaysia?

  • Civil and criminal jurisdiction (correct)
  • Only civil jurisdiction
  • Specialized commercial jurisdiction
  • Only criminal jurisdiction

    • Which of the following is NOT an example of civil jurisdiction cases handled by Syariah courts?

    <p>Bankruptcy (A)</p> Signup and view all the answers

    What is the maximum punishment that can be imposed by Syariah courts according to Islamic law?

    <p>$5,000 fine, imprisonment up to 3 years, or whipping up to six strokes (D)</p> Signup and view all the answers

    Where can customary law primarily be found?

    <p>The customs of local inhabitants (B)</p> Signup and view all the answers

    What is the supreme law of the land in Malaysia?

    <p>The Federal Constitution (A)</p> Signup and view all the answers

    Which of the following is NOT a function of the Federal Constitution?

    <p>Regulating state government matters (A)</p> Signup and view all the answers

    What do the state constitutions in Malaysia contain provisions for?

    <p>All of the above (D)</p> Signup and view all the answers

    Which legislative bodies enact laws in Malaysia?

    <p>Both Parliament and State Legislative Assemblies (D)</p> Signup and view all the answers

    What is the term used to refer to laws enacted by legislative bodies?

    <p>Legislation (A)</p> Signup and view all the answers

    Which of the following is NOT a component of the written law in Malaysia?

    <p>Judicial decisions (C)</p> Signup and view all the answers

    What did the court hold in Kon Thean Soong v Tan Eng Nam regarding English Partnership law?

    <p>It is not applicable in Malaysia due to the Contracts (Malay States) Ordinance. (A)</p> Signup and view all the answers

    In Shaik Sahied v Sockalingam Chettiar, why did the Privy Council hold that the English Moneylenders’ Act was not applicable to the Straits Settlements?

    <p>Because of the silence in Section 5 of the Civil Law Act on matters relating to local circumstances. (D)</p> Signup and view all the answers

    What is the main basis of judicial decisions in Malaysian courts?

    <p>Binding judicial precedent. (B)</p> Signup and view all the answers

    Which courts are bound by their own decisions?

    <p>Some courts. (B)</p> Signup and view all the answers

    What kind of precedent is a decision made by judges previously in similar situations known as?

    <p>Declaratory Precedent. (C)</p> Signup and view all the answers

    Why did the court in Kon Thean Soong v Tan Eng Nam hold that English Partnership law was not applicable in Malaysia?

    <p>Because of the existence of the Contracts (Malay States) Ordinance. (C)</p> Signup and view all the answers

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