Shared Flashcard Set

Details

MLS
Legislation
18
Law
Undergraduate 1
03/07/2010

Additional Law Flashcards

 


 

Cards

Term
Explain term Parent Act
Definition
Confer power to relevant authority to make subsidary legislation
Term
Example of Subsidary legislation (SL)
Definition
  1. Employees Social Security Regulations
  2. Legal Aid Regulation
Term
Advantages of Subsidary Legislation
Definition
  1. Economise time of the legislatures
  2. Legislature lacking expertise especially on techincal area
  3. Flexibility and able to cope with the current requirements
Term
Disadv of SL
Definition
  1.  Offending the doctrine of separation of powers
  2. Tendency of misuse
  3. Irresponsibility of Executive of legislations

 

 

Term
Substantive Ultra Vires
Definition
SL goes beyound the scope of authority conferred by the Parent act
Term
Interpretation Act S 23
Definition
SL which is inconsistent with PArent Act shall be void
Term
Procedural Ultra Vires
Definition
SL fails to comply with the procedures laid down by the parent act
Term
Sec 6 of CLA
Definition
No part of EL shal be applied to immovable property
Term
Explain the national land code
Definition
Malaysia adopts the torrent system system where registration is the prerequisite to claim ownership
Term
analysis of section 5 (1) of CLA
Definition
  1. Applied to West Malaysia other then Malacca and Penang
  2. EL to be administered on Mercantile law
  3. cut of date 7/apr/1956
Term
analysis of section 5 (2) of CLA
Definition
  1. states of Penang, SS, Melaka
  2. EL of mercantile administred continuously
Term
Mercantile Law
Definition
  1. Regulates commercial dealings
  2. Court Interpretation: Law on buying and selling mercantile ( Per Wood in Vulcan Match vs Herm Jebson)
  3. Beyound trade, such as negotiable instruments insurance etc
Term
 Per Values Seng Dijt Hin vs Nagurdas Purshotumdas position on Mercantile law
Definition
  • Body of law concerning with trade or commerce
  •  A wide interpretation of Law
Term
Per Whitey in King Lee Tee v Norwhich Union Fire Insurance Society
Definition
No legal definition of Mercantile law
Term
How does a bill become law?
Definition
  1. Preparliamentary Procedure
  2. Parliamentary Procedure
  3. Post Parliamentary procedure

 

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