Guide on how to study law

Guide on how to study lawFINDING CASES Three sources:a. Law Reports e.g. Westlaw);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 reference book is the latest edition.Bear in mind the possibility that case law developments may have gone beyond the legal position as was stated at the time of writing the reference book.

CASE CITATIONe.g. Seng Hin v Arathoon Sons Ltd [1968] 2 MLJ 123

PlaintiffYear decidedVolume numberLaw Report Page numberDefendantFINDING STATUTESTwo sources:a. Statute Books; andb. Reference Books.

READING CASES Read cases in chronological order.Below the name of the case, there will be information on:a. Name of the court which decided the case;b. Name(s) of the judge(s) who decided the case; and

READING CASES c. Date the case was heard and judgment was given.Subject matter - indicates subject index and issues which the case concerned 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

READING CASES History of the case - the courts that have previously considered the case.Full facts of the case.Every case raises legal issues to be answered by the judges.Ratio decidendi - the reasoning for the conclusion of the case which is binding.In a case, there may be different judges giving different ratio decidendi, but the decision depends on the majority view of the judges.Obiter dictum - opinion of a judge which does not form part of the ratio decidendi.

READING STATUTES Short title and year of publication e.g. Companies Act 1965.Official citation for the statute - chapter number e.g. Act 125.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.

READING STATUTESMarginal Notes short explanation of a section, to understand the section. Statute is divided to numbered sections. Each section contains 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. Companies Act 1965.Each Part deals with a separate area.

READING STATUTES Some statutes have Schedules, e.g. Companies Act 1965s Fourth Schedule.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.Schedules are divided into Paragraphs.Definition or Interpretation sections - special meanings to words 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.READING STATUTES Distinguish words like may (can, not compulsory) and shall (must).Conjunctives, i.e. and, must be distinguished from disjunctives, i.e. or.Ensure the statute has not been repealed. Read patiently, carefully and precisely.

READING RESEARCH MATERIALS One of the methods used in socio-legal research.E.g. journal articles, casebook/cases and materials, book chapters, media publication, electronic database and web-link.Journal articles - Malayan Law Journal [1965 - to date], Journal of Malaysian and Comparative Law [1974 to date], Malaysian Journal of Law and Society, Current Law Journal, IIUM Law Journal, INSAF The Journal of Malaysian Bar and Bankers Journal Malaysia.Casebook/cases and materials summarises essential cases and raises fundamental issues. READING RESEARCH MATERIALSBook chapters a topic is explained differently by different authors. Media publication reports on current cases and issues e.g. New Straits Times or Star.Electronic Database refer to Westlaw, Proquest and Ebcohost, SSRN.Web-link refer to www.malaysianbar.org.my, on main menu click on resource centre, scroll down and click on INSAF The Journal of Malaysian Bar.http://www.mltic.my/ - Malaysia Legal and Tax Information Centre

How to answer a law problem question

Identify the area of the law gather from information given in the question. Identify the parties to be advised. Identify important facts to develop the answer.Structure of the answer:a. Identification of issue(s);b. Explanation of the law;c. Application of the law; andd. Concluding advice;Determine the area of the law by reviewing factual information.Area of the law.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.

1515The information relating to the facts are likely to be incompleteQuery: Should I assume?

Identification of issue. Explanation of the law (i.e. substantive law).Application of the law i.e. law FITTED into facts. Advise whether the relevant parties.