Test

Session : JANUARY 2020

Programme : Bachelor of Mass Communication (Hons)

Course : COM 3215 : Communication Law

Date of Test : 24th April 2020

Time : 10.00 to 12.00 pm Reading Time : Nil

Duration : 2 Hours

This paper consists of FIFTEEN (15) MULTIPLE CHOICE QUESTIONS and

THREE (3) SHORT RESPONSE questions. Answer all the questions in the answer
booklet provided. Paper will be marked over 100%

Weightage : 20%

Examiner : Dihlvinder K Gill

SECTION A: (15 marks)

1. Courts review the validity of subsidiary legislation by applying the doctrine of

______________________.

(A) Mala fide

(B) Intra vires
(C) Ultra vires
(D) Affirmative resolutions
(E) Delegated legislation

2. Trial by ones peers is known as trial by ______________.

(A) Plaintiff
(B) Jury
(C) Omsbudman
(D) Prosecution
(E) Appellant

3. An example of a Subordinate court is _______________.

(A) Appeal Court

(B) Federal Court
(C) Penghulu Court
(D) Palace of Justice
(E) Trial Court

4. Where parties in an action are dissatisfied with the outcome of their case they can
choose to ______________ their case.

(A) Settle
(B) Enter summary judgment
(C) Dismiss
(D) A hearing in Chambers
(E) Appeal

5. A Mareva injunction is a form of legal remedy where the court orders that

(A) The defendant pays the costs

(B) The defendant acts or refrains from acting in a particular manner.
(C) The defendant to settle the case
(D) The defendants assets are frozen pending the outcome of the case
(E) None of the above
 6. The process by which judges follow previously decided cases is known as
_________________

(A). Hereditary Law

(B). Statutory Law
(C). Law of Contract
(D). Judicial Precedent
(E). Obiter Dicta

7. When recovery of money is not sufficient or is not what is required by the

plaintiff, the court may order equitable remedies, an example of such equitable
remedies are _______________

(A). damages
(B). specific performance
(C). aggravated damages
(D). imprisonment
(E). fines

8. A person who brings an action against a party on behalf of the government is the
______________________.

(A). Justice Minister

(B). Health Minister
(C). Plaintiff
(D). Public Prosecutor
(E). District Prosecutor

9. If any State law is inconsistent with a Federal law, Article ____________

provides that Federal law will prevail.

(A). 75
(B). 72
(C). 73
(D). 70
(E). 85

10. The jurisdiction for superior courts under the Malaysian hierarchy of courts can
be found in __________________________
(A). Subordinate Courts Act 1948
(B). Courts Act 1954
(C). Courts of Judicature Act 1954
 (D). Courts of Judicature Act 1964
(E). none of the above

11. The United Kingdom has a _________________ constitution.

(A). a written
(B). an unwritten
(C). a Parliamentary constitution
(D). a inherited constitution
(E). a mixture of written and unwritten

12. Once a Bill receives __________________ it becomes an Act of Parliament.

(A). passed by the Dewan Rakyat

(B). A majority vote in the Dewan Negare
(C). Parliamentary approval
(D). The sanction of the courts
(E). Royal Assent

13. The________________________ is the binding part of a previous decision which

is followed by judges in later cases.

(A). Ratio Decidendi

(B). Obiter Dicta statement
(C). Decision of the court of first instance
(D). Appellate decision
(E). None of the above

14. The French philosopher named Montesqieu believed that for there to be political
stability and freedom there should be separation of power between the

(A). Nation, government and people

(B). Executive and Judiciary
(C). Executive, Judiciary and Legislature
(D). Right to speech, assembly and association
(E). Right to vote and elect

15. All the following are true about criminal law except

(A). It is a form of public law

(B). The sanctions are meant to be punitive in nature
(C). Fines are an example of punishments under criminal law
(D). Damages are also given by the courts
(E). The state determines what behaviour can be deemed to be criminal in
nature
SECTION B: (35 marks)

Question 1

Explain the relevance of English Law to Malaysian Law.

(10 marks)

Question 2

What are the advantages and disadvantages of delegated legislation?

(15 marks)

Question 3

Explain the pre-parliamentary and parliamentary stages for the enactment of an Act of
Parliament.
(10 marks)