MULTIMEDIA to] UNIVERSITY MULTIMEDIA UNIVERSITY FINAL EXAM TRIMESTER 1, 2014/2015 SESSION ULM1612 - LEGAL METHOD (All Sections / Groups) 15 SEPTEMBER 2014 Reading Time : 9.00 a.m —9.15 am (15 Minutes) Answering Time : 9.15 p.m ~ 12.15 p.m (G Hours) INSTRUCTIONS TO STUDENT 1. Students will have fifteen minutes during which they may read the paper and make rough notes ONLY in their question paper. Students then have the remaining ‘THREE HOURS in which to answer the questions. 2. This Question paper consists of 2 pages with 5 Questions only. 3. Attempt FOUR out of FIVE questions. All questions carry equal marks and the distribution of the marks for each question is given. 4, Any Statute or any form of legal material which could provide assistance in answering the paper is NOT ALLOWED into the Exam Hall. 5. Please write all your answers in the Answer Booklet provided.uimisi2 LEGAL METHOD 1S SEPTEMBER 2014 QUESTION 1 A Student of Legal Method is very much aware that law sources are derived from Primary and Secondary sources. You are required to provide concrete examples of the relevant sources complete with specific referencing. In furtherance, you are requested to provide relevant case laws wherever possible in your analytical discussion. (Total: 25 marks) QUESTION 2 The following Latin legal terms are frequently seen in almost all legal materials/literature. Explain the meaning of these terms with examples. i. Ignorantia legis non excusat ii, Res ipsa loguitor iii, Habeas corpus iv. De novo v. Doli incapax vi. Expressio Unius est exclusio alterius vii. Hostis humani generis viii. Jn pari materia ix. Mutatis mutandis x. Nemo judex in sua causa (Total: 25 marks) QUESTION 3 The current court process is very costly and lengthy and as a result is fast becoming an unpopular method of resolving disputes. Altemative Dispute Resolution is a different method of resolving disputes and is slowly but surely replacing the conventional method. Discuss. (Total: 25 marks) Continued... @ 172vuiMi6i2 LEGALMETHOD 1S SEPTEMBER 2014 QUESTION 4 “The rule of construction is ‘to intend the legislature to have meant what they have actually expressed’(R v. Banbury (inhabitants) 1834 1 Ad & El 136, per Lord Parker at p. 142) and that ‘the intention of Parliament must be deduced from the language used (Capper v. Baldwin [1965] 2 QB 53 at p. 61. The Supreme Court (as it then was) in NKM Holding Sdn Bhd v. Pan Malaysia Wood Bhd [1986] 1 LNS 79; [1987] 1 MLJ 39 reminded the judges that they are not legislators. The duty of the court is to expound the language of the Act in accordance with the settled rules of construction. The court has nothing to do with the policy of any Act, which it may be called upon to interpret. That may be a matter for private judgment, The onus of showing that the words do not mean what they say lies heavily on the party who alleges it, He must, as Parke B stressed in Becke v. Smith [1936] 2 M&W 191, 195, advance something which clearly shows that the grammatical construction would be repugnant to the intention of the Act or lead to some manifest absurdity.”- Abu Samah Nordin JCA in Victoria Jayaseele Martin vs Majlis Agama Islam Wilayah Persekutuan & Anor [2013] 9 CLI 444. ‘You are required to discuss in detail the area of legal method on what the statement above is referring to, with reference to other decided cases on the area. (Total: 25 marks) QUESTION 5 Legal reasoning is important in the legal fraternity. Discuss. In furtherance to the above, you are required to provide syllogisms and examples of Inductive, Deductive and Abductive Reasoning methods. (Total: 25 marks) End of Page oy 22