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Questions and Answers
What is the primary role of the Legislative branch according to the Federal Constitution of Malaysia?
What is the primary role of the Legislative branch according to the Federal Constitution of Malaysia?
What does Jurisprudence primarily refer to in a common law jurisdiction?
What does Jurisprudence primarily refer to in a common law jurisdiction?
Which of the following statements about the Judiciary is true?
Which of the following statements about the Judiciary is true?
Which constitutional aspect describes the head of the country in Malaysia?
Which constitutional aspect describes the head of the country in Malaysia?
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Which of the following is NOT a component of the Federal Constitution of Malaysia?
Which of the following is NOT a component of the Federal Constitution of Malaysia?
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What must government actions adhere to in order to avoid being considered ultra vires?
What must government actions adhere to in order to avoid being considered ultra vires?
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What is the function of the Executive branch in Malaysia?
What is the function of the Executive branch in Malaysia?
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Which of the following correctly describes the Parliament's role?
Which of the following correctly describes the Parliament's role?
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Which of the following best defines 'law' according to the provided information?
Which of the following best defines 'law' according to the provided information?
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What is included in the definition of 'law' according to Article 160(2) of the Federal Constitution?
What is included in the definition of 'law' according to Article 160(2) of the Federal Constitution?
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Which characteristic does law NOT fulfill according to the provided content?
Which characteristic does law NOT fulfill according to the provided content?
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Which type of law governs the relationship between individuals and the state?
Which type of law governs the relationship between individuals and the state?
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What role do sanctions play in law according to the information provided?
What role do sanctions play in law according to the information provided?
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Which of the following is an example of private law?
Which of the following is an example of private law?
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What is the supreme law of Malaysia?
What is the supreme law of Malaysia?
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What is the nature of law according to 'Legal Realism'?
What is the nature of law according to 'Legal Realism'?
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What does Legal Positivism emphasize about law?
What does Legal Positivism emphasize about law?
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According to Natural Law theory, what characterizes an unjust law?
According to Natural Law theory, what characterizes an unjust law?
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Which principle is fundamental to Legal Realism?
Which principle is fundamental to Legal Realism?
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What is the primary meaning of Shariah in Islamic jurisprudence?
What is the primary meaning of Shariah in Islamic jurisprudence?
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Which statement best captures John Austin's definition of law?
Which statement best captures John Austin's definition of law?
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In the context of Martin Luther King Jr.'s views, what defines a just law?
In the context of Martin Luther King Jr.'s views, what defines a just law?
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What is the focus of Fiqh in Islamic jurisprudence?
What is the focus of Fiqh in Islamic jurisprudence?
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Which of the following statements aligns with Natural Law theory?
Which of the following statements aligns with Natural Law theory?
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Study Notes
Introduction to Law
- Law is a means of regulating economic and social behavior in society.
- Law is a body of enforceable rules governing relationships between individuals and between individuals and society.
- Law includes written law, common law, customs, and usage.
- Law is enacted by lawmakers in Parliament and can be customs established by society.
- Law is a command set by a superior being to an inferior being and is enforced through punishment (John Austin).
- Law is a body of principles recognized and applied by the state in the administration of justice (John Salmond).
- Law is a set of general rules.
Types of Law
-
Public Law
- Governs relationships between individuals and the state.
- Examples: constitutional law, criminal law.
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International Law
- Principles and rules of conduct that states feel bound to observe.
- Examples: public international law, private international law.
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Private Law
- Affects the rights and duties of individuals.
- Examples: contract law, tort law, trust law.
Law in Malaysia
- The Constitution of Malaysia is the supreme law of the country.
- It sets out the framework for legislation, courts, government, and citizens' rights.
- The Federal Constitution established the three main authorities: Executive, Legislative, and Judiciary.
The Executive in Malaysia
- Administers the nation.
- Ensures that government policy is carried out according to law.
- Government departments must operate within the powers granted by the law.
The Legislative in Malaysia
- Enacts laws to ensure smooth administration.
- Cannot interfere with the executive's administration.
- Laws are enacted in the interest of citizens.
- Parliament is where laws are enacted and citizens' voices are heard through their representatives.
The Judiciary in Malaysia
- Holds the power to interpret and apply laws.
- Determines if an action is legal or illegal.
- Ensures equal treatment for all parties in the legal system.
- Judges are free to make judgments without coercion, fear, or favor.
Jurisprudence
- The philosophy, science, study, and application of law.
- Two main interpretations:
- In common law jurisdictions, it refers to case law – law established through court decisions.
- It refers to the philosophy of law, or legal theory
- Jurisprudence helps understand the shaping of law and legal practice.
Schools of Jurisprudence
-
Legal Positivism
- The only law is the law created by the legally constituted lawmakers of a government.
- Decisions stand regardless of morality.
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Natural Law
- An unjust law is no law at all and need not be obeyed.
- Laws must have a good moral basis.
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Legal Realism
- Enforcement of the law is more important than the law itself.
- Enforcers determine if the law is applied fairly and consistently.
Islamic Jurisprudence (Usul Al-Fiqh)
- Shariah refers to the body of Islamic law.
- Shariah means “path” and creates a legal framework for public and private life based on Islamic principles.
- Fiqh is the term for Islamic jurisprudence, made up of the rulings of Islamic jurists.
- Fiqh explains how Islamic law is derived from primary and secondary sources.
Why Confrom to the Law?
- Law is a command backed by sanctions (John Austin).
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Description
This quiz covers fundamental concepts of law, discussing its role in regulating social and economic behaviors within society. It also delves into various types of law, including public, private, and international law, providing examples and definitions. Test your knowledge on the principles of law and their applications!
