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Course Info

About this Course

This subject provides the background survey of the historical and current development of the legal system in Malaysia. It outlines the structure of the existing legal institution and its various functionaries including the judiciary and the legal profession. Emphasis will be given on the various sources of law, the court systems, the legal aid scheme and the application of alternative dispute resolution in Malaysia. This course promotes the development for critical thinking skills and ethics and moral professionalism values in the area of Malaysian legal system.

Course Syllabus

Introduction
Introduction
History of the Legal System.
Early settlers in Malaysia.
The Malaccan Empire.
Influence of Islamic Law
Influence of foreigners on the legal system.

English Law
s.3 Civil Law Act 1956 (Revised 1972)
s.5 CLA 1956.
Application of s.3 and s.5
Effects of the abolition of s.3 and s.5.

Adat and Customary Laws
Malay Adat law
Hindu law
Chinese customary law
Native law and courts

Doctrine of Judicial Precedent
The application of the doctrine in Malaysia
Ratio decidendi and obiter dicta
Exceptions to the doctrine
The advantages and disadvantages

Federal Constitution
The State and Federal Constitutions.
Basic features of the Malaysian Constitution.
Amendment of the Constitution.
The concept of supremacy of the Constitution.
The importance of the Constitution as a source of law.

Legislation
The legislative bodies in Malaysia.
Types of legislation.
Legislative process in Parliament.
Amendment and revision of laws.

Rules of Statutory Interpretation
Literal Rule
Golden Rule
Mischief Rule
Purposive Approach.
Secondary Rules

Delegated Legislation
.
Definition
Reasons for its requirement.
Controls of subsidiary legislation.
The advantages and disadvantages of legislation as a source law.

Court System
The hierarchy, composition and jurisdiction of Malaysian courts.
Courts with specific jurisdiction.

Legal Aid
Objectives of the Legal Aid Scheme.
Role of the Legal Aid Bureau.
Bar Council Legal Aid Scheme.

Alternative Dispute Resolutions in Malaysia
Negotiation
Mediation
Conciliation
Adjudication
Arbitration

Frequently Asked Questions

Q1 : Do I need to have legal background for this course?
A1 : No.