Assignment Law035 July - Dec 2023
Assignment Law035 July - Dec 2023
3. The case study represents different problem-based situations. You will use the
same case study for presentation and written assignment. There are 6 case
studies given below. When you have formed the group, determine which group
gets which case study (case study 1 until case study 6).
5. For the first component (case study), what you need to do is to read and
understand the case study that you get and answer the following questions;
a) Material facts
b) Legal issue/s
c) Area/s of law involved in the case (be specific, eg- criminal law involving
murder)
d) Two primary sources of law- one of the primary source must be
Malaysian case law.
(Explain how such source of law will be used to determine the case (for an
example- your source is the Penal Code, specifically section 300 where it
states about the offence of murder and its punishment. Explain the
application of such section in relation to the case)
e) Two secondary sources of law (excluding legal dictionaries)- Explain how
such source of law will be used to determine the case
8. For presentation, you must prepare slide presentation and such slide
(hardcopy) must be submitted before/ on 2nd October 2023 (Monday, on/
before 12noon). All groups must submit the slide on this date, regardless if the
turn of your presentation is much later than that. This is to ensure fairness to all
groups.
9. Group with case study 1 will be the first group to present, followed by group
with case study 2, 3, 4, 5 and 6. Presentation will take place during tutorial and
each group is given 20 minutes to present. Therefore, two groups will present
in each tutorial. Q&A will be conducted after each presentation.
10. In your cover page (hardcopy of the submitted slide presentation), please write
the following:
i. No of case study
ii. Group (PI005U01/PI007K01 Etc.)
iii. Name of group members and matric no
iv. Name of lecturer
v. Date of presentation
12. Presentation will be assessed individually in which every group member must
participate.
13. Please refer to the rubric of this assignment as your guidance.
Written assignment: Legal writing (20%)
14. For this task, you must prepare a written submission based of the question
given under each case study (look at question 2 of each of your case study
below)
15. Your writing must contains the following:
19. Date of submission is on/ before 3rd November 2023 (Friday Week 12) before
5pm. Late submission will incur penalty (deduction of 5 marks).
QUESTION 1
Kelab Pencinta Pengguna (“KPP”) has a permit under the Printing Presses and
Publications Act 1984 to print and distribute its monthly newsletter Consumers
International in English. After operating for about five years, KPP wishes to reach out
to rural areas and therefore wishes to print a new newsletter in Bahasa Melayu. It
applies for a permit under the Act of 1984.
The permit is refused without any reasons being assigned. KPP suspects that its
application has been turned down because it is deeply critical of the Government's
consumer and environmental policies. KPP writes to the Minister of Home Affairs
asking for reasons why its application has been refused and requests reconsideration
of the decision. It receives a reply that the appeal is refused and that no reasons need
to be given because under section 3(3) of the Act, the Minister's discretion is absolute.
Dissatisfied with the respond, Fendi, a famous journalist who is working for KPP has
criticized such action in his social media. Later, he was arrested by the police and was
not allowed to seek legal representation.
1) Question for presentation: Answer the questions in para 5 above, assuming
that KPP and Fendi have seek your advice.
QUESTION 3
Mariah just delivered a baby named Aryan. After doing some research for 3 months,
she sends Aryan to a nursery named Cheerful Kiddy because she needs to get to
work. She trust Cheerful Kiddy because they have a good reputation.
On the first day, she found Aryan crying nonstop after she took Aryan from the nursery.
At first, Mariah did not suspect anything. However, Aryan looks so weak and it seems
like Aryan did not get fed.
Mariah sends Aryan for the second day, and on the second day Mariah notices that
there is a bruise in Aryan’s leg. Mariah confronted Aminah, teacher in Cheerful Kiddy,
but Aminah only stated that bruised already there. Suspicious and unsatisfied with
Aminah’s explanation, Mariah plans to investigate this matter.
For third day, after send Aryan to Cheerful Kiddy, Mariah hides to see what is really
happening in Cheerful Kiddy, To Mariah surprise, after take Aryan from Mariah,
Aminah just leaving Aryan there and she is doing other works even though Aryan is
crying and hungry. Mariah send Aryan at 8.00 o'clock, Aryan did not get fed and not
given milk even until 10.00 am. At 12.00 in the afternoon, babies are also left there
without teachers. Not only Aryan, other babies are also hungry. At one time, Furious
because of the crying, Aminah hit and slap Aryan.
Shocked with that situation, Mariah confronts Aminah.
1) Question for presentation: Answer the questions in para 5 above, assuming that
Mariah have seek your advice.
2) Question for written assignment: Write a legal essay entitled, “Child abuse cases
in Malaysia: The need to reform”.
QUESTION 4
Rina, 25 years old pregnant woman choose Doctor Yew’s clinic to do regular
pregnancy check-up. She also wanted to deliver her baby at that clinic because it was
equipped with good facilities and hospitalities. On 15 March 2023, Rina had a
caesarean section at Doctor Yew’s clinic to deliver her baby. Following the operation,
she was constantly in pain and these pains gradually worsened. She immediately
lodged a complaint to the doctor about these pains. A scan on her womb was carried
out and an unidentified object was seen inside her womb. A surgery was performed
and as a result, they found a piece of gauze in her womb. After the surgery,
unfortunately Rina suffered haemorrhage stroke due to injection that was given by Dr
Anita who assisted Doctor Yew’s for the surgery. Rina’s husband, Afandi asked the
doctors to be responsible for his wife health’s condition. However, Doctor Yew told him
that such incident rarely happened to their patients and that they had already informed
Rina about the risks of the operation beforehand. Afandi was not satisfied with the
explanation.
1) Question for presentation: Answer the questions in para 5 above, assuming that
Rina has seek your advice.
2) Question for written assignment: Write a legal essay entitled, “An Overview of
Medical negligence in Malaysia”.
QUESTION 5
Melinda starts to work with his employer, Mr Chua as his secretary. Mr Chua owns a
travel agency business and has two partners. One day, Mr Chua brings Melinda to
accompany him to meet business clients outside of their district in Melaka. They went
together. During the trip, Mr Chua invited her to spend the night with him in his hotel
room although they were already accommodated in separate rooms. This call was
made very late at night when she was already sleeping. The next day after meeting
with the clients, Mr Chua asked her to wait. He talked about his hobbies, his likes and
dislikes but nothing related to work. Bored with his conversation Melinda insisted on
leaving. He was upset, so he reminds her that they will leave the hotel soon.
On the way home, he commented her dress and saying that she is beautiful. He tried
to hold her hands but she screamed and told him that she will tell his wife about his
behaviour. Melinda asked him to stop the car as she worried about her safety. After
the incident, Melinda tendered her resignation letter to Mr Chua. He told her that if she
wishes to resign, she will not get any salary as she just worked for a week. Melinda
felt dissatisfied but she just left the office.
QUESTION 6
Murray.com provides an online general information service, called PrettyNara which
the subscribers may access from their personal computers or terminals. Subscribers
to PrettyNara pay a membership fee and online usage fees, in return for which they
have access to thousands of information sources available on PrettyNara. Subscribers
may also obtain access to over 200 special interest forums, which comprises of
electronic bulletin boards, interactive conferences and topical databases. One of the
bulletin boards of PrettyNara is called 'Soksek', which is one of the leading and most
widely read bulletin boards in the country.
One day Yayan, one of the subscribers posted some information on the bulletin boards
stating that Miss Jons, a famous influencer was a 'woman who would lie for a living'
and that Miss Jons will 'soon be proven to be a criminal'. As a result, Miss Jons
received phone calls from their friends asking about the matters. Mis Jons contacted
the administrator of Murray.com to delete the post but her demands has been refused.
1) Question for presentation: Answer the questions in para 5 above, assuming that
Mr Jons has seek your advice to take legal action against Murray.com and Yayan.
2) Question for written assignment: Write a legal essay entitled, “Legal protection
of cyber defamation in Malaysia”.
END OF QUESTION