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• Able to identify and locate the various sources of the

law.
• Understand the importance of the sources in
answering questions.
• Recognise the basic distinctions of the various
divisions of law.
• Familiar with the method of using law reports.
• Understand how cases and statutes are read.
• Able to identify legal issues and apply the relevant
law in resolving these disputes.
• Develop analytical and problem-solving skills with
reasoned arguments.

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• Law regulates the behavior of individuals and the way
businesses conduct their activities.
• They are necessary for the peaceful and orderly
function of society and for the resolution of disputes.
• However, the technique and method of studying law
and answering questions differ from other subjects.

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• Three sources:
a. Law Reports – e.g. Malayan Law Journal (MLJ);
b. Reference Books; and
c. Newspapers that report cases.
• Referred by names of the parties and citation.
• Citation refers to title of law reports, year, volume
number and page/paragraph number.
• Ensure that the reference book is the latest edition.
• Consider the possibility that the position of the law on
a particular issue may have changed since the writing
of the reference book.

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 Plaintiff
Defendant

S & M Jewellery Trading Sdn Bhd & 3 Ors. v.

Fui Lian-Kwong Hing [2015] 8 CLJ 16

Year reported Page number

Volume number Law Report

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READING CASES

• Criminal cases are written as - Public Prosecutor v.

Kolo.
• Civil cases are written as – Sinnaiyah & Sons Sdn Bhd
v. Damai Setia Sdn Bhd.
• Below the name of the case, there will be information
on:
a. Name of the court where the case was heard;
b. Name(s) of the judge(s) who decided the case; and
c. Date the case was heard
d. The judgment that was delivered and the name of
the judge who delivered the judgement of the court.

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• Catchwords: Subject matter - indicates subject index
and issues which the case is concerned with e.g.
“Companies and Corporations – Directors’ Duties –
Director’ s liability for secret profits - knowledge and
consent of other Directors - Whether sufficient to
discharge the liability of the Director”

• Headnotes: Full facts of the case.

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• Every case raises legal issues to be resolved by the
judges.
• Ratio decidendi - the legal reasoning for the decision of
the case which is binding on lower courts.
• In a case heard in the Court of Appeal or Federal Court,
there may be different judges giving different ratio
decidendi, but the final decision of the court depends on
the majority view of the judges.
• Obiter dicta - opinion of a judge which does not form
part of the ratio decidendi. They are remarks made by
the judge in passing.

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• Short title and year of publication e.g. Contracts Act
1950.
• Official citation for the statute - chapter number e.g.
Act 136.
• Long title – gives indication of the purpose of the Act.
• Date of Royal Assent – the date YDPA gives his
approval i.e. the date the law comes into effect unless
the Act says otherwise, e.g. when Minister issues a
commencement order published in the Gazette.

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• Marginal Notes – short explanation of a section, to
understand how the section is applied.
• Statute is divided into numbered sections. Each
section contains a different rule of law.
• A section may further be divided into sub-sections.
• For certain statutes, sections may be grouped together
into different Parts/Divisions e.g. Contracts Act 1950
Part V Of the Performance of Contracts
• Each Part deals with a separate area.
• Illustrations – they do not form part of the sections
but have been expressly furnished by the legislature as
helpful in the working and application of the statute.

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• Some statutes have Schedules, e.g. Fourth Schedule to
the Companies Act 1965; Sixth Schedule to the
National Land Code 1965.
• Schedules - additional contents not found in the main
body of the Act, reminders and summaries of legal
rules, fees/compound payable or changes to the legal
rules.
• “Definition” or “Interpretation” sections - special
meanings to words used in a statute.
• Unless a statute specifically says so, a definition in a
statute applies only to the use of the word in that
statute.

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• Distinguish words like “may” (not compulsory,
discretionary) and “shall” (must, mandatory).
• Conjunctives, i.e. “and”, must be distinguished from
disjunctives, i.e. “or”.
• Ensure that the statute has not been repealed.
• Read patiently, carefully and precisely.

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• E.g. journal articles, casebook/cases and materials,
book chapters, media publication, electronic database
and web-link.
• Journal articles - Malayan Law Journal, Malaysian
Current Law Journal, INSAF
• Casebook/cases and materials summarises essential
cases and addresses fundamental legal issues.
• Book chapters – a topic is explained differently by
different authors.
• Media publication – reports on current cases and
issues e.g. New Straits Times, Star or The Sun.

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• Independent and self-directed learning – assume
responsibility for your own learning.

• Make your own notes on cases comprising of:

a. Brief facts;
b. Legal issue(s);
c. Decision; and
d. Reasons for the decision.

• Be realistic with time and do not wait till the last

minute.

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• For lectures:
a. Be punctual for your lectures
b. Listen attentively – take notes and concentrate on
the content;
c. Avoid distractions; and
d. Review your notes.
• For tutorials:
a. Be prepared to participate in the discussion.
b. Make the session interesting and lively.
c. Contribute ideas and views and learn the art of
polite disagreement; and
d. Take notes.

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• Writing assignments:
a. Clarify the task;
b. Prepare an assignment plan;
c. Reflect and evaluate the plan;
d. Write the first draft followed by one or more drafts;
e. Support your views with reasoned and logical
arguments;
f. Good introduction and conclusion;
g. Writing style – let a 3rd person read through;
h. Do not be too descriptive; and
i. Acknowledge your sources i.e. referencing in a
legal style.

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• Examinations and assessments:

a. Prepare a revision time-table;

b. Manage your notes i.e. reduce;
c. Practice writing answers;
d. Be comfortable during examination;
e. Read the instructions carefully;
g. Answer the correct number of questions; and
h. Manage your time well.

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• By reading/understanding/memorising substantive
laws.
• Substantive laws – case law and statutes.
• Law in Action - “law in context” - application of law
to factual situation.
• Legal disputes/problems only arise out of factual
situations.
• Law is applied through reasoning/query/fact analysis.
• Solving legal problems is not solely a question of
reading/understanding/memorising the law.

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Facts: Ann, born in 1996, enters into several
agreements in 2013 with the following parties:
a. Syarikat ABC Stationaries for the supply of
school stationaries worth RM80;
b. Cason (Malaysia) for a digital camera worth
RM900;
c. Mercedes Benz (Malaysia) for a brand new SLR-
McLaren worth RM800,000; and
d. Government of Malaysia for a scholarship worth
RM 80,000.
Advise the parties whether they can enforce their
respective agreements against Ann.

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● Identify the area of the law from the information
provided in the question.
● Who are the parties to be advised?
● Recognise the important facts to develop the answer.
● Structure of the answer:
a. Identify the issue(s) that have to be addressed;
b. Select and Explain the relevant law;
c. Apply the law to the facts; and provide your
d. Concluding advice;

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• Determine the area of the law by studying the
factual information provided i.e. Ann’s age in 2013
is 17 and she has entered into agreements for the
purchase of various goods and for a scholarship.
• Area of the law - legal capacity of minors.
Query? How were you able to determine the area of
the law?
• Knowledge of substantive law which FITS the
factual situation.
• Identify the relevant parties to be advised i.e. ABC
Stationeries, Cason (Malaysia), Govt. of Malaysia
and Mercedes Benz (Malaysia). Query: Why? To
determine their rights (if any) against Ann.
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 ANSWERING TECHNIQUE
Identification of issues –
 Whether a minor competent to contract.
• What is the effect of these agreements entered into by a
minor? - The position under common law and under
statutory law i.e. Contracts Act 1950?
• Whether s. 69 of the Contracts Act is applicable. Are the
parties entitled to be ‘reimbursed’ under this provision?
• Does the Contracts (Amendment) Act 1976 apply?
 Explanation of the relevant law (i.e. substantive law on
legal capacity).
 Application of the law to the facts.
 Advise on the effect of these agreements and whether
the parties will be reimbursed or compensated.

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• Studying law requires understanding, analysis and
problem-solving skills.
• Importance must be placed on case law and statutes.
• Examiners want clear and concise answers.
Remember the ‘ABCD Rule’:
A = Accurate
B = Brief
C = Clear
D = Direct (i.e. be relevant)

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 Take Note:

For the Final Examination, students are allowed to bring

into the examination venue, a clear and unmarked copy
of the following statute books:-

 Contracts Act 1950

 Partnership Act 1961
 Hire Purchase Act 1967
 Companies Act 2016

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