Introduction to Law (LAW 1020)

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Questions and Answers

What does the term 'Court' mean in the context of the CLA 1956?

Any court in Malaysia with no jurisdiction

Only the High Court of Malaysia

Only the Court of Appeal of Malaysia

Any court in Malaysia of competent jurisdiction (correct)

What is the cut-off date for the application of English common law in Peninsular Malaysia?

1 December 1951

7 April 1956 (correct)

12 December 1949

31 December 1950

What is the basis of the law developed by judges through court decisions in Malaysia?

Common Law (correct)

Regulations

Statutes

Customary Law

What is the cut-off date for the application of English common law in Sabah?

1 December 1951 Signup and view all the answers

In which state of Malaysia is the cut-off date for the application of English common law 12 December 1949?

Sarawak Signup and view all the answers

What is applied in Peninsular Malaysia besides the common law of England?

Rules of equity Signup and view all the answers

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 Signup and view all the answers

What is enforced through the court in Malaysia?

Common Law Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the significance of the cut-oﬀ date in Malaysian common law?

It marks the end of the application of English common law Signup and view all the answers

What is the definition of 'common law' according to Section 3 of the Interpretation Act?

The common law of England Signup and view all the answers

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 Signup and view all the answers

In which year was the Royal Charter of Justice issued for Penang?

1807 Signup and view all the answers

What is the basis of the development of Malaysian common law, as stated in the Civil Law Act 1956?

The English common law Signup and view all the answers

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 Signup and view all the answers

Which of the following is NOT a historical background on the reception of English law?

Common Law Act 1950 Signup and view all the answers

In which year was the Civil Law Act revised to include Sabah and Sarawak?

1972 Signup and view all the answers

What is the limitation of the Civil Law Act 1956?

It only applies to civil cases Signup and view all the answers

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 Signup and view all the answers

When did the Civil Law Act 1956 come into force for West Malaysia?

7 April 1956 Signup and view all the answers

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.

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Description

Learn about the definition of law and common law, including their historical background and reception in the Federation.