INTRODUCTION TO MLS

LAW 033

LAW FOUNDATION
UiTM SELANGOR DENGKIL CAMPUS

QUESTIONS

1- State 2 reasons for classifications of law. (6 marks)

2- Briefly define the meaning of legislation and list 2 aims of legislation. (6 marks)

3- Discuss the compositions and jurisdictions of Court for Children. (20 marks)

4- Dina went to Restaurant Riverside for dinner. The waiter recommended the chef’s
special menu which consisted of specially prepare raw seafood platter. Since she is a
seafood fan, Dina decided to order the platter. However, when she got home, she
started to feel dizzy and experienced severe abdominal pain. She was taken to the
hospital by her neighbor. She later discovered that the pain and dizziness were due to
the contaminated seafood used in the platter. It was not properly kept and prepared. She
wants to take civil action against the restaurant. Advise her on the preliminary matters
before commencing legal proceeding. (20 marks)

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Q1

There are two reasons for classification of law. Basically, classification of law are the different
categories into which all areas can be collated. A classification of law encompasses all
types of law, but it distributes them according to a particular unique characteristic.

First of all, the reason for classification of law is to determine types of procedure involves if
action is to be taken. This is to ensure that the area of law determined is correct so that
all the matters regarding the area of law and the action taken will run smoothly.

Besides, the reason for classification of law is to explain our right and obligations under certain
classification of law. This is crucial as the classification of law helps to refer the statutes
related and all the law matters under that classification so that there will be no confusion
for the people to refer the law.

Q2

Legislation refers to law enacted by a body constituted for this purpose. In Malaysia, laws are
legislated by the parliament at the federal level and by state legislative assemblies at the
state level. Laws that enacted by the parliament called Acts while laws enacted by state
legislative assemblies called enactments except Sarawak which called laws as
ordinances. The legislature is not supreme as they have to enact laws subject to the
provisions set out in the Federal and State Constitution. The parliament is competent to
enact laws on matters enumerated in List I of the 9th Schedule while the state can enact
laws based on List II and list III is within the concurrent competence of both authorities.

The aim of legislation is to separate power of legislature between the federal and state
governments based on List I, II and III of 9th Schedule. Besides, the legislation is
important to enact and passed by any bills related to the laws of federal and state
authorities as an instrument of governing based on their own legislature scope power.

Q3

CFC were established by the Child Act 2001. The CFC replaced Juvenile Courts which set up
under Juvenile Court Act 1947, one of the statutes replaced by Child Act 2001. Section 2

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of CA 2001 provides the definition of child which are persons under 18y/o and has
attained the age of criminal responsibility which is above 10 y/o.

The composition of CFC comprises of a First Class Magistrate and assisted by 2 advisers to be
appointed by the Minister from a panel of person resident in the state. One of the two
advisers shall be a woman. So, the functions of advisers are to inform and advise the
court on any consideration affecting the order upon a guilty verdict and also advise the
parents or guardian of the child, if necessary.

The jurisdiction of CFC consists the opportunity to try all offences except offences punishable
with death. Section 11(6) CA 2001 states that the CPC shall apply to the court as if the
CFC were magistrates’ court. The CA 2001 prohibits the words ‘conviction’ and
‘sentence’ from being used in relation to a child offender found guilty. ‘A find of guilt’ and
‘order made upon finding of guilt’ are used.

Q4

Dina went to Restaurant Riverside for dinner. The waiter recommended the chef’s special menu
which consisted of specially prepare raw seafood platter. Since she is a seafood fan,
Dina decided to order the platter. However, when she got home, she started to feel dizzy
and experienced severe abdominal pain. She was taken to the hospital by her neighbor.
She later discovered that the pain and dizziness were due to the contaminated seafood
used in the platter. It was not properly kept and prepared. She wants to take civil action
against the restaurant. Advise her on the preliminary matters before commencing legal
proceeding. (20 marks)

Parties to the suit – Plaintiff; Dina (party that initiates the lawsuit and file the statement of claim
including remedies with the court), Defendant; Restaurant Riverside (party that have to defend
the claim against him). There are two conditions that need to be fulfilled which are Sui Juris
(Age of Majority Act 1971 – age of 18 and above) and Compos Mentis (sound mind, able to
understand and accept the rational judgement to the effect of litigation on him).

Locus Standi – right to appear or bring an action or to be heard in the court or to address the
court on the matter before it. Locus Standi will determine the competence of a plaintiff to initiate
civil proceedings in a court of law against defendant. In order to prove that plaintiff has locus
standi, he needs to have a genuine interest and adversely affected by the issue by establishing
what’s suffering from damage that he had. Case of MTUC v GOM (2014), in order to pass
adversely affected test, the plaintiff at least needs to prove he has a genuine interest in the

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subject matter. So in the case, Dina has subscribed the restaurant’s services then the
restaurant had committed negligence in their services that adversely affected Dina as she felt
dizzy and severe abdominal pain due to the contaminated seafood used by the restaurant.

Cause of Actions – refers to allegation that a party’s legal right has been violated and he/she
has a recognized constitutional and/or statutory right to redress the violation by bringing an
affirmative action in FC. The importance is to determine the form of proceedings to be taken and
the pleadings must include the cause of action. Based on case of Cooke v Gill (1873), a cause
of action is every fact which is material to be proved to entitle the plaintiff to succeed. Plaintiff
must have a complete cause of action as based on Taib Awang v Mohamed Abdullah & Ors
(1983), the action was failed because of incomplete cause of action. In this case, the cause of
action is when the restaurant served the contaminated seafood, later Dina felt dizzy and severe
abdominal pain thus being admitted to the hospital and wants to claim for compensation of the
negligence of the restaurant.

Limitation Period – the period within which the suit must be brought to the court. The plaintiff
must initiate action within the specified time otherwise the suit will be statute-barred. The
countdown begins once the course of action is completed. Based on the case of Pirelli General
Cable Works Ltd v Oscar Faber & Partners (1983), cause of action when the crack of chimney
occurred, NOT when the plaintiff discovered it. So, the suitable limitation period of this situation
is 6 years from cause of action completed based on Section 6(1) of Limitation Act 1953.

Remedies – any method available under the law to obtain redress for the infringement of rights.
There are 5 types of remedies which are damages (money compensation), Rescission of
Contract (cancelling the contract), Specific performance (certain act to be performed according
to the agreement), Injunction (order of the court to do/not to do something) and Quantum Meruit
(award in the proportion of the work done). So, the suitable remedy is Damages as Dina can
claim for money compensation from the restaurant that she had paid for their services and
compensation for their wrongful act which is negligence in the service.