CONFIDENTIAL LW/FEB 2022/LAW434

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE : MALAYSIAN LEGAL SYSTEM

COURSE CODE : LAW434
EXAMINATION : 8 FEBRUARY 2022
TIME : 9 HOURS (9.00 AM – 6.00 PM)

INSTRUCTIONS TO CANDIDATES

1. This final assessment is an individual assessment which consist of TWO (2) questions.

2 Answer BOTH questions in English. Start each answer on a new page. Please be
careful of plagiarism.

3. Answer must be typed in Times New Roman with font size 12 points and in 1.5 line
spacing. Length of each answer must not exceed 2500 words. Please provide page
number at the bottom right of each page.

4. The file must be named according to this format:

Group – Student’s Name (e.g. 1A – Mohd Ali)

5. Please state on your answer sheet the followings:

i) Course name and course code,
ii) Student’s full name and matric no,
iii) Tutorial group and lecturer’s name

6. Please submit your answer in PDF format to your lecturer -

- Group A, B and C to Pn. Fatimatuzzahra’ Dzulkifli via fuulaw434@gmail.com
- Group D, E and F to Assoc Prof Dr Tunku Intan Mainura Tunku Makmar via
pmdrtunkuintan@gmail.com
- Group G, H and I to Pn. Nurul Huda Adabiah Mustafa via
nurulhuda.adabiah.fuu@gmail.com
- Group J, K and L to En. Izuan Izzaidi Azmi via google classroom/drive

This examination paper consists of 3 3 printed pages

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PART A
Answer ALL questions.

QUESTION 1

Seetha is a 35 years old lecturer in a private college in Johore Bahru. While attending an
international conference in Kuala Lumpur early last year, she met with Muthu. They fell in love
and have been having an affair since. Muthu, a businessman, is married to Minachi and they
live in Penang with their two children Madhuri, aged 18 and Mahendran, 12.

Three months ago, Muthu decided to marry Seetha without Minachi’s knowledge. The
marriage was solemnized by a priest at a small hindu temple in Johor Bahru, according to the
Indian custom. However, the marriage was not registered. Two weeks ago, Seeta found out
that she is Muthu’s second wife and felt cheated.

Meanwhile, Muthu’s daughter, Madhuri is currently studying in a private college in Petaling

Jaya. Unknown to her parents, she has been living with her boyfriend, Selvam, a 30 years old
technician who works in Kuala Lumpur. They have decided to legalise their relationship soon
as Madhuri is two months pregnant. Unfortunately, Madhuri’s parents refused to give their
consent. Selvam managed to persuade a priest in a small village in Klang to customarily
solemnised their marriage.

With reference to the Law Reform (Marriage and Divorce) Act 1976, advise Seetha and
Madhuri on the validity of their marriage.
(20 marks)

QUESTION 2

Mak Minah is a 50 years old single mother. She has two children, Badrul aged 19 and Salmah,
aged 15. In order to raise her family, Mak Minah work as a shop assistant at a grocery shop
near her house. Two months ago, on her way home from the grocery shop, Mak Minah was
hit by a car driven by Datuk Chong. Mak Minah suffered serious injuries and is paralyse from
the waist downwards and needed special care. Badrul was devastated and felt very angry. He
went to Datuk Chong’s house to confront him. Badrul and Datuk Chong get into a heated
argument and Badrul started to punch Datuk Chong. Steven, Datuk Chong’s son, aged 16,
who saw the incident, tried to stop Badrul. Steven rushed to the kitchen to get a knife and
stabbed Badrul several times. Badrul suffered serious wounds and died three days later.

Meanwhile, a week ago, Datuk Chong’s eldest son, Mike, age 20, was arrested together with
a friend for committing an offence of robbery at 3.00am.

Advice the parties on the following:

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CONFIDENTIAL 3 LW/FEB 2022/LAW434

a) Mak Minah wants to take action against Datuk Chong and claim damages amounting to
RM 1.5 million Which court has the jurisdiction to hear the case? Explain the jurisdiction
of the court.
(5 marks)

b) Steven was charged for murder under section 302 of the Penal Code. Which court has the
jurisdiction to hear the case? Explain the jurisdiction of the court.
(10 marks)

c) Mike was later charged under section 390 which is punishable under section 392 of the
Penal Code (Act 574). Section 392 provides that, “whoever commits robbery shall be
punished with imprisonment for a term which may extend to ten years and shall also be
liable to fine; and if the robbery be committed between sunset and sunrise the
imprisonment may be extended to fourteen years, and he shall also be liable to fine or to
whipping. Which court has the jurisdiction to hear the case? Explain the jurisdiction of the
court.
(5 marks)

END OF QUESTION PAPER

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