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  • T9 - Case Law 1

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    Kashmeerstone KS Suresh
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    This document contains 12 questions about case law and legal precedents in Malaysia and England. It asks about the definition of case law, advantages and disadvantages of precedents, the principle of stare decisis, examples of how precedents develop over time, the concepts of res judicata and departing from precedents, and asks the reader to discuss a specific case.

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    289387_T9- CASE LAW 1

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    This document contains 12 questions about case law and legal precedents in Malaysia and England. It asks about the definition of case law, advantages and disadvantages of precedents, the principle of stare decisis, examples of how precedents develop over time, the concepts of res judicata and departing from precedents, and asks the reader to discuss a specific case.

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    © All Rights Reserved
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    16 views1 page

    T9 - Case Law 1

    Uploaded by

    Kashmeerstone KS Suresh
    This document contains 12 questions about case law and legal precedents in Malaysia and England. It asks about the definition of case law, advantages and disadvantages of precedents, the principle of stare decisis, examples of how precedents develop over time, the concepts of res judicata and departing from precedents, and asks the reader to discuss a specific case.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 1

    Case Law 1

    1) What is case law? Explain 3 advantages and 3 disadvantages of case law?

    2) Meaning of stare rationibus decisis? Explain how it applies over here in Malaysia
    as well as in England?

    3) Give an example for the birth and development of case law? Such example should
    be different to the one presented at the lecture?

    4) What is res judicata?

    5) Give an example of how stare decisis can apply when facts are different?

    6) What instances can the HL depart from it’s own decision?

    7) What instances can the CA depart fr the decisions of the HL?

    8) What are the 3 main instances where the can CA depart fr it’s own decisions?

    9) Are there any other instances where the CA can depart fr it’s own decisions?

    10) When a decision is overruled the HL’s may chose how many options in the said
    overruling? List them out with explanation of the different modes.

    11) Can the Federal CT overrule it’s own decisions? If yes,How?

    12) Discuss Rakhit v Carty?

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