Malaysian Legal System

Which of the following legal systems is primarily based on judicial decisions and the doctrine of stare decisis?

• Civil legal system

• Common law legal system

• Socialist legal system

• Islamic legal system

Answer explanation

Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries.

The Civil Law Legal System is most commonly associated with which countries?

• Australia, Canada, Singapore, and Malaysia

• United Kingdom, United States, and India

• France, Germany, and Italy

• Soviet Union, People's Republic of China and North Korea

Answer explanation

Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture.

What is the primary difference between procedural law and substantive law?

• Procedural law governs the rights and obligations of individuals, while substantive law governs the legal process.

• Procedural law focuses on legal traditions and customs, while substantive law focuses on written statutes.

• Procedural law regulates the legal process, while substantive law defines the rights and obligations of individuals.

• Procedural law applies to civil cases, while substantive law applies to criminal cases.

What is the main purpose of equity in the legal system?

• To establish a set of rigid legal rules

• To enforce criminal laws

• To govern the relationship between countries

• To provide a complementary system of law

In a law report, what is the function of the "headnote" or "rubric" section?

• It provides a summary of the case, outlining material facts and legal issues.

• It lists the authorities referred to in the case.

• It offers the judge's final decision and reasoning.

• It presents the court's opinion on the outcome of the case.

Which of the following is an example of written law?

• Common law

• Customary law

• Enactments

• Equity

During the era of Islam in Malaysia, the two key laws that influenced the Malay states are:

• Laws of Pahang and Hukum Kanun Melaka

• Undang-Undang laut Melaka and Pangkor Treaty

• Laws of Kedah and Laws of Johor

• Undang-Undang laut Melaka and Hukum Kanun Melaka

In Malaysia's colonial history, how did the Straits Settlements influence the introduction of English law?

• They introduced English law through advisory and residential systems.

• They imposed direct colonial rule in Malaysia.

• They adopted Sharia law as the main legal system.

• They had no impact on the legal system in Malaysia.

In the context of the legal system, what is the primary function of an adversarial system?

• To actively investigate and collect evidence against the accused.

• To ensure the judge plays a dominant role in questioning witnesses.

• To allow the judge to preside passively and focus on adjudicating.

• To encourage the accused to enter their defense right away.

Which of the followings are examples of public law?

• Federal Constitution and Administrative Law

• Enactment and Ordinance

• Criminal law and Land law

• Contract law and family law