Intro to Law

Question 1

What is literal rule?

Answer 1

Used when the words of the statute are clear in their natural meaning

Question 2

What is interpretation of statutes?

Answer 2

Laws exists, created or enacted by Legislature

Question 3

What is interpretation of statutes used for?

Answer 3

To aid judges in interpreting a particular statute.

Question 4

What relevant authorities is stated in the Literal Rule?

Answer 4

Civil Law Act 1956 Section 3 (1)

Question 5

What does Civil Law Act 1956 Section 3 (1) states?

Answer 5

may be made by any written law in force in Malaysia

Question 6

When was Literal Rule popular?

Answer 6

In the 19th century

Question 7

What are the 4 categories of Interpretation to Statutes?

Answer 7

The Literal Rule
The Mischief Rule
The Purposive Rule
The Golden Rule

Question 8

What does literal rule do?

Answer 8

It explains what the law is rather than what the law means

Question 9

What is usual for courts when it comes to literal rule?

Answer 9

Applying it even before applying any other statutory interpretation

Question 10

What is Civil Law Act 1956 Section 3 (1) (a)

Answer 10

West Malaysia applies the common law of England and the rules of Equity as administered in England on 7th April 1956

Question 11

What does Civil Law Act 1956 Section 3 (1) (a) mean?

Answer 11

Malaysian courts would be bound to apply common law of England and the rules of equity

Question 12

Advantages of Literal Rule?

Answer 12

Restricts the role of the judge from using their own opinions

Question 13

Disadvantages of Literal Rule?

Answer 13

Creates loophole when judges apply the law only from the act

Question 14

Examples of cases for Literal Rule?

Answer 14

Fisher v Bell
R v Harris [1836]

Question 15

What is the Mischief Rule?

Answer 15

questions what the law was before to an Act and what flaws were remedied

Question 16

What does Heydon’s Case [1584] ER 637 states?

Answer 16

A) What was the common law before the making of the Act
B) What was the mischief for which common law did not provide
C) What remedy for that mischief in the law that the Parliament intend to provide
D) What was the true reason for parliament to adopt the remedy

Question 17

Importance of Mischief Rule?

Answer 17

Aids in the avoidance of unjust outcomes
Encourages legal flexibility

Question 18

Advantages of Mischief Rule?

Answer 18

Law Commission considers it to be significantly more satisfactory method of reading acts comparing Literal or Golden Rule
Frequently avoids ludicrous sentencing outcomes

Question 19

Disadvantages of Mischief Rule?

Answer 19

Leads to uncertainty in the law

Question 20

Examples of cases for Mischief Rule?

Answer 20

Smith v Hughes [1960]
Elliot v Grey [1980]

Question 21

What is the Golden Rule?

Answer 21

Asks you to read the term as a whole in the context of law

Question 22

If an absurdity is created by the literal rule…

Answer 22

then the court should attempt another interpretation to prevent absurd rules

Question 23

What does the Golden Rule functions as?

Answer 23

As a bridge between literalism and purposiveness

Question 24

Advantages of the Golden Rule

Answer 24

Allows judges to choose the most sensible meanings in situations where the word of an Act potentially have more than one meaning
Prevents unacceptable situations

Question 25

Disadvantages of Golden Rule

Answer 25

Judges can technically change the meaning of words in statutes Can create uncertainty and lack of clarity in the law

Question 26

Examples of Cases for Golden Rule

Answer 26

R v Allen Stock v Frank Jones

Question 27

When is Purposive Rule applied?

Answer 27

when literal rule leads to inconsistency

Question 28

What does Purposive rule requires?

Answer 28

The whole statute to be read in its appropriate context determining the normal meaning of words

Question 29

Advantages of Purposive Rule

Answer 29

Leads to unjustice being done in more individual cases

Question 30

Disadvantages of Purposive Rule

Answer 30

Allows unelected judges to make law makes it difficult to discover the intentions of Parliament

Question 31

Example cases for Purposive Rule

Answer 31

Northman v Barnet Council

Question 32

What are the elements in reading a case law?

Answer 32

The substantive facts Issues of the case Rules of the case Ratio Decidendi Obiter Dictum

Question 33

What is adversarial system?

Answer 33

A system which provides a contest between 2 people of conflicting interests

Question 34

Functions of a judge in adversarial system?

Answer 34

To play a passive role To conduct a trial To observe the relevancy of evidence and its discovery

Question 35

Why government is not wholly accepting Malaysian Legal Profession

Answer 35

Because of the existence of Section 77 of Malaysia Legal Profession

Question 36

Malaysia uses Bahasa Malaysia under the requirement of...

Answer 36

Section 8 of the National Language Act 1963/67

Question 37

Advantages of adversarial system

Answer 37

Evidence is examined in chief, cross examined and re examined by all parties to confirm accuracy Dispute is decided by an independent judge, giving the public confidence in legal system Continuous trials hasten settlement of conflicts as justice delayed is justice denied

Question 38

Disadvantages of adversarial system

Answer 38

Skilled lawyers are influential Public seeking lawyer charge excessive fees' Winning a legal case is costly Justice is not always affordable to the poor Not all evidence will be presented unless parties agree Incomplete evidence impacts courts decision process Loss of evidence and witnesses availability delays court proceedings

Question 39

What does the Legal Aid Bureau formed by Malaysian Government under the Legal Aid Act 1971 serves for?

Answer 39

The poor, innocent and ignorant

Question 40

The Legal Aid Act 1971 offers...

Answer 40

Minimal legal aid for criminal and civil cases to those who are unable to afford legal counsel and consultation

Question 41

What do need to do to get qualified for Legal Aid?

Answer 41

Requires a mandated 'Means Test' followed by 'Merit Test' after their disposable income and assets are lower than a specific level

Question 42

What established the Qualifying Board?

Answer 42

Section 4 of the Legal Profession Act of 1976

Question 43

Who is the Chairman of the board?

Answer 43

The Attorney General

Question 44

What is a writ system?

Answer 44

A document that outlines the details of a claim

Question 45

What is the ruling for the writ system?

Answer 45

No writ, no remedy