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LW/SEP2011/MTC037

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

INTRODUCTION TO LAW II MTC037 SEPTEMBER 2011 2 HOURS

INSTRUCTIONS TO CANDIDATES 1. This question paper consists of three (3) parts : PART A (5 Questions) PART B (3 Questions) PART C (1 Question)

2.

Answer ALL questions in PART A, TWO (2) questions in PART B and the question in PART C in the Answer Booklet. Start each answer on a new page. Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of: i) ii) the Question Paper an Answer Booklet - provided by the Faculty

3.

4.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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CONFIDENTIAL PART A QUESTION 1

LW/SEP 2011/MTC037

Define subsidiary legislation and state FOUR (4) modes of control over subsidiary legislation. (6 marks)

QUESTION 2 List FIVE (5) differences between Civil Law and Criminal Law. (6 marks)

QUESTION 3 Explain TWO (2) functions of the Attorney General and state any THREE (3) divisions under the Attorney General's Chamber. (6 marks)

QUESTION 4 Explain how the doctrine of stare decisis operates. (6 marks)

QUESTION 5 Briefly explain any THREE (3) advantages of Alternative Dispute Resolution. (6 marks)

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CONFIDENTIAL PARTB QUESTION 1

LW/SEP2011/MTC037

Outline the main differences between the Adversarial System and Inquisitorial System. (20 marks) QUESTION 2 Merong is a lorry driver and works for Garuda Company. While driving to deliver goods, his lorry went out of control and hit Embok who was standing by the roadside. Embok suffered serious injuries and was taken to hospital. Doctors pronounced that Embok was paralysed from waist down. She wants to take legal action against Merong, claiming compensation of RM500.000.00. Explain the jurisdiction of the court in the situation above. (20 marks)

QUESTION 3 On 15 April 2011, Ratna had a caesarean section at Doctor Yew's Clinic to deliver her baby. Following the operation, she was constantly in pain and these pains gradually worsened. She immediately lodged a complaint to the doctor about these pains. A scan on her womb was carried out, and an unidentified object was identified inside her womb. Doctors performed a second operation where they found a piece of gauze in her womb. Ratna approaches you seeking legal advice.

Advise Ratna on all preliminaries issues that may arise. (20 marks)

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CONFIDENTIAL PARTC QUESTION 1

LW/SEP2011/MTC037

Amir wanted to run a small business selling burgers in front of his house. However, he did not have enough money to do so. He tried to get a loan from Bahagia Bank, but his application was rejected. As a result, he approached his friend Johan to borrow a sum of money as capital. Johan was a successful businessman and the owner of Berjaya Company. He agreed to lend Amir RM1000.00 with the condition that Amir repaid the amount within two (2) months. Unfortunately, Amir's business did not flourish and he failed to pay Johan as promised. Johan went to Amir's house to claim the money and he became very angry when Amir asked for an extension of time. Without mercy, he punched and kicked Amir continuously. Amir was seriously injured and was admitted to Hospital. Johan ran away and drove to Kuala Lumpur upon hearing the news that Amir was hospitalised. In his rush, he failed to stop at a junction and his car collided with another car driven by Alex. None of them suffered serious injuries but both cars were badly damaged. Alex wants to claim compensation from Johan. Johan then called his girlfriend Mila to take him to Kuala Lumpur. Upon reaching Kuala Lumpur, there, the couple stayed overnight at the Moon Hotel. Unfortunately, Majlis Agama Islam Kuala Lumpur officials conducted a raid on the Hotel and Johan and Mila were detained and charged with "Khalwat" because they were in close proximity without being legally married. News of Johan and Mila's detention was widely reported in the newspaper. Johan was deeply humiliated and suffered an emotional meltdown. As a result, he could no longer focus on his business and his company, suffered extreme losses. This led to Johan being unable to fulfill the agreed terms of a contract between himself and his business partner, Mr Chong in Singapore. Subsequently, Mr Chong sent a notice to terminate the contract between them.

Discuss the classification of laws involved in the above situations. (30 marks)

END OF QUESTION PAPER

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