Question
1. Does the common law of England apply in Malaysia? Give reasons for your answer. 2. When do judges get the opportunity to make new
1.Does the common law of England apply in Malaysia? Give reasons for your answer.
2.When do judges get the opportunity to make new laws?
3.Define the following terms:
a)obiter dicta
b)ratio decidendi
c)appellant
d)respondent
e)plaintiff
f)defendant
You may also find a legal dictionary useful to clarify the meaning of other words and phrases you cover in this unit.
4.Explain the doctrine of precedent. How does it work?
5.Read the case of Tan Hock Leng v RHB Bank Bhd [2016] 8 CLJ 577 (the case is available on Moodle) and answer the following:
a)What were the facts of the case?
b)What did the court decide?
c)What reasons did the court give for deciding the way it did?
d)Would the decision bind:
-The Magistrates Court;
-The Court of Appeal; - The High Court;
-The Sessions Court;
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