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Tutorial 2 Questions

tutorial law question

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23 views

Tutorial 2 Questions

tutorial law question

Uploaded by

buckbeak0406
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DIPLOMA IN LAW

MALAYSIAN LEGAL SYSTEM TUTORIAL QUESTIONS


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TOPIC 2 DEVELOPMENT OF MALAYSIAN LEGAL HISTORY

1. Differentiate between the basic features of Undang-Undang Melaka and


Undang-Undang Laut Melaka .

2. Discuss on how the Portuguese and Dutch administered justice in Melaka AND
what laws were applied in Melaka during both periods.

3. Explain the circumstances that led to the introduction of Charter of Justice 1807,
the main provisions of the Charter and the effect of the Charter on the lex loci
of Penang.

4. Discuss the principles of the following cases :


a. IN THE GOODS OF ABDULLAH
b. REGINA v WILLANS
c. KAMOO v BASSETT
d. FATIMAH v LOGAN
e. ISAAC PENHAS v TAN SOO ENG

5. Discuss the following cases in the light of Chinese customary law in Straits
Settlements :
a. ONG CHENG NEO v YEAP CHEAH NEO
b. CHOA CHOON NEOH v SPOTTISWOODE

6. In the light of the Charter of Justice 1807, discuss to what extent did the courts
in Straits Settlements followed the English law.

7. Distinguish between settled colony and ceded territory and give an example.

8. “The introduction of the King’s Charters into these settlements had introduced
the existing law of England also, except in some cases where it was modified
by express provision and had abrogated any law previously existing”.

Per Malkin J in IN THE GOODS OF ABDULLAH

Discuss the above statement in relation to the Charters of Justice and their
effects on the laws in the Straits Settlements.
9. Explain the reception of English law in Malacca and Singapore.

10. Discuss the following cases in relation to the position of Islamic law in the Straits
Settlements :
a. IN RE MARIA HUBERDINA HERTOUGH
b. NAFSIAH v ABDUL MAJID
c. FATIMAH v LOGAN

11. Explain on how the English law was introduced into the Malay States.

12. “Muslim law is not foreign law but local law and the law of the land. The court
must take judicial notice of it and must propound the law”.

Per Thorn J. in RAMAH v LATON

Examine the above case with regard to the status of Islamic law in the Malay
States during British administration.

13. Discuss the sovereignty of the Malay Rulers/States with reference to the
following cases :

a. DUFF DEVELOPMENT v GOVERNMENT OF KELANTAN


b. PAHANG CONSOLIDATED CO v STATE OF PAHANG

14. The manner in which English law was introduced into the Malay States differed
from the manner it was introduced into the Straits Settlements. Discuss the
differences.

15. Explain the principle laid down in the case of KHO LENG GUAN v KHO ENG
GUAN with regard to the legal sources of Sarawak AND examine whether
Chinese customary law could be admitted as part of the law of Sarawak.

16. Discuss the effect of the Law of Sarawak Ordinance on Sarawak with reference
to the case of CHAN BEE NEO v EE SIOK CHOO.

17. Explain how the English law was introduced into Sabah and Sarawak.

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