Q.What do you understand by “battery” in the context of law? A.Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. (Wikipedia)In the United Read More …
Category: 1.2 Intro to Law
The Equity
Q.Define “Equity law” or “Law of Equity”.A. (1) Fairness or natural justice. (2) That body of rules formulated and administered by the Court of Chancery to supplement the rules and procedure Read More …
The Common Law
Q.What do you understand by “Common Law” A. That part of the law of England formulated, developed and administered by the old common law courts, based originally on the common Read More …
Coercion
Q. Briefly explain; Coercion A. Similar question was asked in: MIA QE 2012/3 Q1 (b)(i) Coercion MIA QE 2014/3 Q1 (c)(i) which render a contract voidable What constitute a voidable contract? Read More …
Contract – force majeure
Q. What is ‘Force Majeure’ in contract law? A. Force Majeure or vis major (Latin) “superior force”, is also known as cas fortuit (French) or casus fortuitus (Latin) “chance occurrence, unavoidable accident”,[1] Force majeure is a Read More …
Interpretation of Law
Zakat and Corporate Tax
Q. Can Zakat be deducted from Corporate Tax in Malaysia? A. Yes, companies are allowed to utilize Zakat payments as tax deduction in Malaysia. For company, effective from YA 2005, Read More …
Zakat treatment for Personal Income Tax
Q. How is Zakat treated in calculating for Income Tax? Provide an illustration to explain the treatment of Zakat in Income Tax Act, 1963. A. Income Tax Act 1963 provides Read More …
Equity vs Torrens System
Q.English Law and Equity is not in contradiction with Torrens System. Briefly provide your view. A.The Civil Law Act 1956 expressly provides under Section 6 that English Law and Equity Read More …
English Law and its influences (3)
Q. List out the provision which provides the non-application of English Land Law. Why is it so? A. MIA QE 2013/3 Q1 asked about extend of application of English Common Read More …
English Law and its influences (2)
Q.To what extent is common law or English Law applicable in Malaysia? A.When Malaysia was formed in 1963, there were 3 separate statutes authorizing the application of English Law: the Read More …
English Law and its influences (1)
Q.Which English Law is part of the Malaysian Law? A.The definition of law in Article 160 of the Federal Constitution includes ‘the common law’. This means the ‘common law’ which Read More …
Judicial Decisions (2)
Q. In simple manner, briefly explain the challenges of Stare Decisis in Malaysian Courts with the reinstatement of Federal Court as apex court in 1994. A. Judicial precedent are asked Read More …
Judicial Decisions (1)
Q. What is meant by “Stare Decisis”? What is its basis and how does it apply to the hierarchy of courts? A. Judicial precedent are asked in: MIA QE 2008/3 Read More …
Hierarchy of Courts
Control mechanism over subsidiary legislation
Q.That being said about the influence of Executive in the making of Subsidiary Legislation, what are the available controls over such influence. What are the controls mechanism to ensure separation Read More …
Why Subsidiary Legislation?
Q.What is subsidiary legislation, and what are the purposes and challenges of such legislation? A.Laws made by legislature is called primary legislation. In circumstances that the Legislature empowers another agency Read More …
Procedure for the enactment of Act of Parliament
Power to enact legislation
Q.What is Legislation, and who has the power to enact legislation? A.Legislation is the law enacted by the legislature, and by bodies and persons authorized by the legislature. In our Read More …
Amendment to the Constitution (3)
Q.List out the 4 modes of formal amendment to the Constitution. A.1. Amendments requiring a 2/3 majority.2. Amendments requiring a simple majority.3. Amendments requiring the consent of the Majlis Raja-Raja.4. Read More …