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HOW TO STUDY LAW

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LEARNING OUTCOMES • Able to identify and locate the various sources of the

law.

• Understand the importance of the sources inanswering questions.

• Recognise the basic distinctions of the variousdivisions 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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INTRODUCTION

• Law regulates the behaviour of individuals and theway businesses conduct their activities.

• They are necessary for the peaceful and orderlyfunction of society and for the resolution of disputes.

• However, the technique and method of studying lawand answering questions differ from other subjects.

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CASE CITATION

Berjaya Times Square Sdn Bhd v . M Concept

Sdn Bhd [2010] 1 MLJ 597

Plaintiff

Year reported

Volume number

Law Report

Page number

Defendant

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READING CASES

• Criminal cases are written as - Public Prosecutor v. Ali.

• Civil cases are written as – Tan Swee Hoe v. Ali Hussien Bros.

• Below the name of the case, there will be informationon:

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 indexand issues which the case is concerned with e.g. “Companies and Corporations – Directors‟ Duties – Director‟ s liability for secret profits - knowledge andconsent of other Directors - Whether sufficient todischarge 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 ratiodecidendi, but the final decision of the court depends onthe majority view of the judges.

• Obiter dicta - opinion of a judge which does not form part of the ratio decidendi. They are remarks made bythe judge in passing.

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READING STATUTES

• Short title and year of publication e.g. Contracts Act1950.

• 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 unlessthe Act says otherwise, e.g. when Minister issues acommencement order.

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• Marginal Notes – short explanation of a section, tounderstand how the section is applied.

•

Statute is divided into numbered sections. Eachsection 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 1950Part 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 legislatureas helpful in the working and application of thestatute.

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READING STATUTES

•

Some statutes have Schedules, e.g. Companies Act1965‟s Fourth Schedule; First Schedule of the Hire-Purchase Act 1967

• 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 legalrules.

• Schedules are divided into “Paragraphs”.

• “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 thatstatute.

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READING STATUTES • 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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READING RESEARCH MATERIALS • E.g. journal articles, casebook/cases and materials,

book chapters, media publication, electronic databaseand web-link.

• Journal articles - Malayan Law Journal, MalaysianCurrent Law Journal, INSAF

• Casebook/cases and materials summarises essentialcases and addresses fundamental legal issues.

• Book chapters – a topic is explained differently bydifferent authors.

• Media publication – reports on current cases andissues e.g. New Straits Times, Star or The Sun.

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STUDY SKILLS • 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 onthe 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 logicalarguments;

f. Good introduction and conclusion;

g. Writing style – let a 3rd person read through;

h. Do not be too descriptive; andi. 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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LAW IN ACTION

• By reading/understanding/memorising substantivelaws.

• Substantive laws – case law and statutes.

•

Law in Action - “law in context” - application of lawto factual situation.

• Legal disputes/problems only arise out of factualsituations.

• 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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EXAMPLE OF A PROBLEM

Facts: Ann, born in 1991, enters into severalagreements in 2008 with the following parties:

a. Syarikat ABC Stationaries for the supply of school stationaries worth RM80;

b. Cason (Malaysia) for a digital camera worthRM900;

c. Mercedes Benz (Malaysia) for a brand new SLR-

McLaren worth RM800,000; and

d. Government of Malaysia for a scholarship worthRM 80,000.

Advise the parties whether they can enforce their

respective agreements against Ann.

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ANSWERING TECHNIQUE 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

d. Concluding advice;

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ANSWERING TECHNIQUE

• Determine the area of the law by studying thefactual information provided i.e. Ann‟s age in 2008is 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 thefactual situation.

• Identify the relevant parties to be advised i.e. ABCStationeries, Cason (Malaysia), Govt. of Malaysiaand Mercedes Benz (Malaysia). Query: Why? Todetermine 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 aminor? - 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 the 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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SUMMARY

• 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

Sale of Goods 1965 and

Consumer Protection Act 1999

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