Application of English Commercial Law Case Studies

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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?

Bankruptcy Signup and view all the answers

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 Signup and view all the answers

Where can customary law primarily be found?

The customs of local inhabitants Signup and view all the answers

What is the supreme law of the land in Malaysia?

The Federal Constitution Signup and view all the answers

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

Regulating state government matters Signup and view all the answers

What do the state constitutions in Malaysia contain provisions for?

All of the above Signup and view all the answers

Which legislative bodies enact laws in Malaysia?

Both Parliament and State Legislative Assemblies Signup and view all the answers

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

Legislation Signup and view all the answers

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

Judicial decisions Signup and view all the answers

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. 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?

Because of the silence in Section 5 of the Civil Law Act on matters relating to local circumstances. Signup and view all the answers

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

Binding judicial precedent. Signup and view all the answers

Which courts are bound by their own decisions?

Some courts. Signup and view all the answers

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

Declaratory Precedent. 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?

Because of the existence of the Contracts (Malay States) Ordinance. Signup and view all the answers

Application of English Commercial Law Case Studies

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