STUDENT GROUPS FROM KUANTAN, SABAH AND SHAH ALAM (COHORT 4 & 5

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EPE 6133 LEGAL ASPECTS OF HIGHER EDUCATION TYPE OF ASSESSMENT VALUE DATE DATE OF SUBMISSION : : : : TAKE HOME EXAMINATION 40 % OF THE COURSE GRADE 8 SEPTEMBER 2011 15 OCT 2011 DR SULAIMAN SHAMSURI

INSTRUCTOR/EXAMINER:

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INSTRUCTION

There are four sections in this examination. Each section consists of ten questions. Students are required to answer every question in each section. Answers must be short, brief and clear. Follow instructions closely when answering the questions. Completed answer scripts must be returned promptly and should reach the examiner not later than 15/10/2009. Answer scripts received after 15/10/2009 will not be examined and graded.

SECTION A : (20%) Fill in the blanks with appropriate words. Each blank requires only one word. 1. The ____________ of a meeting is usually left with the secretary though it may be subject to the _____________ of the chairman. 2. Students newspapers must be __________________ in nature and institutions may not impose arbitrary ________________ on the matter (student newspaper) 3. The _______________ of a meeting may be ________________, written or in the form of an __________________. 4. The age of _________________ refers to the legal provision that a person is entitled to the _________________ of his affairs and to the enjoyment of his ________________ rights. 5. A fiduciary relationship pertains to _______________ or confidence as guidance or ________________ for another. 6. In a Fiduciary relationship the _________________ is entrusted with the _____________ to look for available __________________ for the _______________ of the particular institution. 7. The presence of the representatives of the administration and faculty leads to the difficulty in maintaining press __________________.

8. Most college and university students are above ___________________ years of age and therefore they are contracting parties. 9. Due process is met when the _____________________ of fair play are involved. 10. For a meeting to be valid it must be properly ____________________________.

SECTION B: (30%) This is a “true” and “false” identification of facts or statements. Indicate with the letter “T” for true or “F” for false in the small blank provided at the end of the statement. 1. The age of majority is uniform and consistent throughout the world 2. University students have absolute rights with regards to freedom of speech and expressions. 3. It is assumed that the legal relationships between students and institutions are confined to only teaching and learning. 4. As the majority of students in universities and colleges are above 18 years of age, the principle of in loco parentis is totally irrelevant. 5. Student consumerism in higher education refers to the relationships among education, students and the institutions. 6. In a student hearing process cross-examination of witnesses in strictly not allowed. 7. In most court cases involving student disciplinary proceedings, the students have been given the right to counsel. 8. Trial by jury is not common in student disciplinary proceedings. 9. A public meeting refers to discussion of matters relevant to government and local government organizations. 10. There is no absolute right of assembly under the law. 11. An assembly could be considered unlawful if it could be determined among others that people assemble to commit a breach of the peace. 12. Minutes of a properly-convened meeting cannot be submitted in court as evidence. 13. Decisions arrived at a properly convened meeting need not require confirmation. 14. The number of members to meet the required quorum is always one half of the total number of committee members. _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____

15. Minutes of a meeting should not be altered after they have been signed. SECTION C: (20%)

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There are ten questions in this section. Each question presents four possible solutions but only one is correct. Your task is to identify the correct answer by encircling the number of the solution. 1. Constitutional relation relates to the relationships between students and institutions based on certain provisions, particularly: A) B) C) D) Abdul Rahman Talib Report, 1960 Barnes Report.1950 The Law of Malaysia, Act 174 Educational Institutional Acts. Abdul Razak Education Report, 1956

2. Several elements are involved in the “sales of goods” principle in relation to the relationship between students and institutions. A) B) C) D) The buyer (Students) The seller (Institutions) The product (education) All the above

3. One of the statements below is not relevant to the principle of the “sales of goods”. A) B) C) D) The right to safety The right to be informed The right to receive good grade The right to be heard

4. This is a clear indication of non-existence of due process in student discipline. A) B) C) D) When the principle of fair play are involved. Actions are just, reasonable and not arbitrary Undue vagueness in the rule governing students Specificity of rules

5. A meeting could become invalid if… A) B) C) D) It is properly convened The minimum number of people to make the quorum is not met The business of the meeting is validly transacted The notice was frank, clear and free from trickiness

6. This is certainly not the authority of the chairman of a meeting. A) B) C) D) to preserve order To determine whether motions are in order To influence people to vote for his candidate To declare the results

7. The behaviour of the chairman of a meeting is improper if he… A) B) C) D) Unjustly refraining members to speak To grant a poll To adjourn the meeting To close the meeting

8. The question of academic freedom is usually confined to several elements, namely, A) B) C) D) The university, lecturers and students The university, lecturers and research works The university, politics and economy The students, students’ publications and budget.

9. The rules of higher educations are mainly.. A) B) C) D) To provide technical and technological education to the masses To prepare manpower for the nation To train future leaders for the country All the above are true

10. The in loco parentis doctrine in secondary schools are basically confined to … A) B) C) D) Educational and legal Legal and social Social and cultural Educational and cultural

SECTION D: (30%) There are seven short questions in section D. You are required to answer any five questions. Each question requires short, brief and clear answer. Each answer should not be more than one page in length. The total marks for the whole section is 30. 1. Explain briefly the meaning of due process, types of due process and give two examples of each. 2. Suggest at least three kinds of committee commonly found in any organizations. 3. State some institutional rights with regards to freedom of expression in students’ newspapers. 4. Commonly there are at least five theories to explain the relationship between students and institution. Explain two most common theories that you know better. 5. What are the basic areas where the in loco parentis theory is mostly used in a higher education institution. 6. Explain in your own words the elements of contract that are most common in higher education institutions. 7. State the buyer/consumer’s rights under the law. As consumers, students are accredited with these rights. Discuss.

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