22 Questions
What does the term 'Court' mean in the context of the CLA 1956?
Any court in Malaysia of competent jurisdiction
What is the cut-off date for the application of English common law in Peninsular Malaysia?
7 April 1956
What is the basis of the law developed by judges through court decisions in Malaysia?
Common Law
What is the cut-off date for the application of English common law in Sabah?
1 December 1951
In which state of Malaysia is the cut-off date for the application of English common law 12 December 1949?
Sarawak
What is applied in Peninsular Malaysia besides the common law of England?
Rules of equity
What is the significance of April 7, 1956, in the context of the CLA 1956?
Cut-off date for the application of English common law in Peninsular Malaysia
What is enforced through the court in Malaysia?
Common Law
What is the primary source of law that Malaysian courts should consider when there is no written law in force?
English common law or rules of equity
What is the role of the court in formulating Malaysia's own common law?
To look at any source of law, local or non-local
What is included in the definition of 'law' under Article 160 FC?
Written law, common law, and custom or usage having the force of law
What is the significance of the cut-off date in Malaysian common law?
It marks the end of the application of English common law
What is the definition of 'common law' according to Section 3 of the Interpretation Act?
The common law of England
What is the approach of the Malaysian court when dealing with English common law or rules of equity?
To apply it if permitted by local circumstances, otherwise reject it
In which year was the Royal Charter of Justice issued for Penang?
1807
What is the basis of the development of Malaysian common law, as stated in the Civil Law Act 1956?
The English common law
What is the role of local customs and circumstances in the development of Malaysian common law?
They are considered as part of the sources of law that the court can look at
Which of the following is NOT a historical background on the reception of English law?
Common Law Act 1950
In which year was the Civil Law Act revised to include Sabah and Sarawak?
1972
What is the limitation of the Civil Law Act 1956?
It only applies to civil cases
What is the significance of the case of Sia Cheng Soon v Tengku Ismail Tengku Ibrahim?
It clarified the application of civil law in Malaysia
When did the Civil Law Act 1956 come into force for West Malaysia?
7 April 1956
Study Notes
Guidelines for Malaysian Common Law Development
- Malaysian common law should be developed under s.3 of the Civil Law Act 1956.
- The court is free to formulate Malaysia's own common law, considering local and non-local sources, including English common law, local circumstances, and customs.
What to Consider in Applying Written Law
- Check if there is any written law in Malaysia that applies to the case.
- If there is, apply it.
- If not, determine the English common law or rules of equity applicable on the cut-off date (1956, 1951, or 1949).
- If none, the court is free to formulate Malaysia's own common law.
Section 2 of the Civil Law Act 1956
- Defines "court" as any court in Malaysia of competent jurisdiction, including judges.
Section 3 of the Civil Law Act 1956
- Applies to Peninsular Malaysia, Sabah, and Sarawak, with different cut-off dates:
- Peninsular Malaysia: 7 April 1956
- Sabah: 1 December 1951
- Sarawak: 12 December 1949
Common Law Application
- Applies the common law of England and rules of equity in each region, together with statutes of general application on the respective cut-off dates.
Definition of "Law" and "Common Law"
- "Law" includes written law, common law, and customs or usage with the force of law (Article 160 FC).
- "Common law" refers to the common law of England (Section 3 Interpretation Act).
Historical Background
- Reception of English law in Malaysia was facilitated through Royal Charters, Civil Law Enactments, and Ordinances in various regions.
Current Application of English Law
- The Civil Law Act 1956 was revised in 1972 to include Sabah and Sarawak, applying to civil cases only.
Learn about the definition of law and common law, including their historical background and reception in the Federation.
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