Question
PART A 1. Which of the following do NOT falls under private law? A. Theft. B. Dispute regarding rental agreement. C. Dispute between trustee and
PART A
1. Which of the following do NOT falls under private law? A. Theft. B. Dispute regarding rental agreement. C. Dispute between trustee and beneficiary. D. Dispute regarding motor vehicle accident. 2. If a court is referring to the case of Dreamland Corporation (M) Sdn. Bhd. v. Choong Chin Sooi & Anor [1988], this case has become a source of law under __________. A. English law B. judicial precedent C. Federal Constitution D. subsidiary legislation
3. Companies Act 2016 was enacted by __________. A. Parliament B. High Court of Malaya C. State Legislative Assemblies of Perak D. State Legislative Assemblies of Sarawak
4. Which of the following is NOT TRUE regarding subsidiary legislation? A. It can only be made via parent statute. B. It is a law made by a body other than Parliament. C. It shall be gazetted before the government can enforce it. D. It shall follow the same procedure held in the Parliament before it can be enforced.
5. Which of the following is TRUE relating to Muslim law? A. This law applied to Muslim only. B. This law applied to all people in Malaysia. C. Muslim law is provided under concurrent list. D. Muslim law falls under jurisdiction of the Federal.
6. What is the apex court in Malaysia?
A. Federal Court. B. Sessions Court. C. Magistrate court. D. High Court of Malaya.
7. What type of worker that is NOT protected under Employment Act 1955? A. Alim, a manual labourer. B. Adib, who act as Alim's supervisor. C. Akim, a sale executive with salary of RM1800. D. Amil, who worked as an independent contractor.
8. How integration test determined whether an employment contract is a contract of service? A. The employer control everything. B. There must be more than one test. C. The employee is important to the employee's business. D. The intention of parties is important to determine the nature of the contract.
9. Which of following is NOT TRUE relating to contract of service? A. The employer is allowed to omit the safety of the workers. B. Compulsory statutory payments are payable by employers. C. The employee will enjoy benefit provided under Employment Act 1955. D. Employer can be vicariously liable for negligence committed by the employee.
10. Which of following is NOT TRUE in relation to the terms of employment contract? A. It must be fair. B. It can be implied. C. It is not bound to the elements of contract. D. It lays the rights and obligations of employer and employee.
part B
1. Kamil bin Abu v. Aminah binti Karim. a. Which party is the plaintiff in this case?
b. If the plaintiff loses this case, and he appealed, who will be the respondent?
2. Explain the department of Ministry of Human Resources that deals with disputes between employers and employees through conciliation.
3. Explain the power of Department of Labour in regards to termination of employee due to misconduct under Employment Act 1955.
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