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Introduction to law 2 2005 UiTM exam paper

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					 CONFIDENTIAL




                               UNlVERSlTl TEKNOLOGI MARA
                                   FINAL EXAMINATION


     COURSE                     : INTRODUCTION TO LAW II
     COURSE CODE                : MTC037
     DATE                       :      26 MARCH 2005
     TIME                                                    -
                                : 2 HOURS (9.00 A.M. 11.OO A.M.)
     SEMESTER                   : NOVEMBER 2004 - APRIL 2005



INSTRUCTIONS TO CANDIDATES


1.          This question paper consists of THREE (3) parts : PART A (6 Questions)
                                                              PART B (2 Questions)
                                                              PART C (1 Question)

2.          Answer ALL questions

3.          An answer to a new question should start on a new page.

4.          Do not bring any material into the examination room unless permission is given by the
            invigilator.

5.          Please check to make sure that this examination pack consists of :
            1)      The Question Paper
            ii)     An Answer Booklet - provided by the Faculty




                                                                  --

                    DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO
                          This Examination Paper consists of 4 printed pages
O Hak Cipta Univeniti Teknologi MARA                                                 CONFIDENTIAL
CONFIDENTIAL


PART A

QUESTION 1

Briefly explain the concept of stare decisis.
                                                                                 (5 marks)

QUESTION 2

Discuss three (3) advantages of the adversarial system.
                                                                                 (5 marks)

G~UESTION3

Briefly explain subsidiary legislation as part of written law in Malaysia.
                                                                                 (5 marks)

QUESTION 4

Briefly discuss two (2) of the internal aids in a statute.
                                                                                 (5 marks)

QUESTION 5

Explain the jurisdiction of the Sessions Court.
                                                                                 (5 marks)

QUESTION 6

Discuss the differences between the literal and mischief rules in the interpretation of
statutes.

                                                                                 (5 marks)




O Hak Cipta Universiti Teknologi MARA                                        CONFIDENTIAL
CONFIDENTIAL


PART B

QUESTON 1

ABD Holdings Sdn Bhd entered into a contract with M N O Sdn Bhd. Under the terms of the
contract, ABD Holdings agreed to transfer fifty percent of the shares of the company to M N O
Sdn Bhd. However, ABD Holdings breached the contract. The managing director of MNQ
Sdn Bhd is very upset. He does not intend to pursue the case in court. He comes to you for
advice. Advise him.
                                                                                  (20 marks)


QUESTION 2

Discuss the distinctions between the civil and the common law systems.
                                                                                  (20 marks)




0 Hak Cipta Universiti Teknologi MARA                                        CONFIDENTIAL
CONFIDENTIAL


PART C

QUESTION 1

Salmah who was domiciled in Australia was working as an officer in one of the government
departments in Shah Alam. She was married to Hasan, a fine young man from Johore
Bahru, who is also an officer in a different government department in Shah Alam. They have
been married for six years and have two children, Diana, aged 4 and Sara, aged 3.

Hasan had a girlfriend by the name of Faridah. Hasan intended to take her as his second
wife. Salmah however wanted to be his only wife. Salmah then petitioned for a fasakh. On
th,e way to register the petition of fasakh, Salmah's handbag was snatched by a motorcyclist,
Johan. She was injured and admitted to the hospital for two days. After recovering from her
injuries, Salmah, who was afraid that her children will be taken away from her, took her
children to Australia and placed them with their grandparents. She, however, continued
working and staying in Shah Alam. Since the divorce two months ago, Salmah rented a
house in Shah Alam. Unfortunately, after renting the house, Salmah was retrenched. Her
situation worsened as she discovered that the fall due to the snatch thief incident caused
injuries to her brain. As a result, Salmah has not been paying the rental. The landlord had
continuously threatened to sue her in court if she refused to pay the rental. Hasan, on the
other hand, was surprised when he discovered that the children were not in Malaysia and
tried to gain custody of the children. Yesterday, Salmah was informed that the police had
successfully arrested the snatch thief.

Discuss the various classification of law involved in the above situation.
                                                                                  (30 marks)




                                        END OF QUESTION PAPER




O Hak Cipta Universiti Teknologi MARA                                        CONFIDENTIAL

				
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