Certificate of Legal Practice Information - Course Subject Part 1

1. General Paper

This paper consists of two main parts, namely:

i. Tort
ii. Contract

In the examination candidates may be required to:

i. advise on evidence, liability and procedure
ii. advise on remedies
iii. draft pleadings

For this paper, candidates are not permitted to bring any statute into the examination hall.

Tort

The Tort syllabus requires students:

• To have a good knowledge of the principles of the tort of negligence (including occupiers liability) and the defenses thereto
• To know the provisions relevant to personal injury and fatal accidents cases in the Civil Law Act 1956
• To be able to advise on the issue of liability
• To be able to advise on damages for both personal injuries and causing death
• To be able to draft pleadings

Contract

The main statutes here are the Contracts Act 1950 and the Specific Relief Act 1950 (Revised 1974).

The Contract syllabus requires students:

• To have a good background knowledge of the Malaysian law of contract
• To have a good understanding of the Contracts Act 1950 and the Specific Relief Act 1950 (Revised 1974)
• To be able to advise the plaintiff on whether he has a cause of action
• To be able to advise on remedies for breach of contract. These would include damages, specific performance, injunction and rescission
• To be able to draft pleadings

2. Criminal Procedure

Criminal procedure is that part of adjective law which provides for the process within which the principles of criminal law operate. The main objective of criminal procedure is to provide the rules, practices and procedures to ensure a proper and efficient administration of criminal justice. The main statute for this subject is the Criminal Procedure Code (Act 593) and candidates are allowed to take an unmarked copy into the examination hall.

The Criminal Procedure syllabus requires students:

• To understand criminal procedure in Malaysia from the stage of arrest to the stage of appeal or revision
• To understand the various procedures, power and practices that governs criminal proceedings in Malaysia
• To have a thorough understanding of the Criminal Procedure Code (Act 593) and the amendments made to it
• To have a good understanding of the Child Act 2001 which came into force on 1st August 2002. The child Act has repealed the Juvenile Courts Act 1947 and the Child Protection Act 1991
• To have a good understanding of all provisions relevant to criminal procedure in the statutes mentioned below

For the examination, candidates have to draft charges, prepare papers on appeals and to advise on the law.

Statutes

Other than the Criminal Procedure Code (Act 593), candidates are required to have a good understanding of all provisions relevant to criminal procedure in the statutes mentioned below:

Topics :-

1. Introduction
2. Courts
3. Arrest
4. Search
5. Police Investigations
6. Powers of the Public Prosecutor
7. Transfer of Cases
8. Initiation of Proceedings in Court
9. Impeachment Proceedings
10. Summary Trials
11. High Court Trials
12. Bail
13. Charges
14. Sentencing
15. Forfeiture
16. Appeals and Revision

3. Civil Procedure

Civil procedure regulates the procedure in civil cases. Candidates are allowed to take an unmarked copy of the Rules of the High Court and the Subordinate Court Rules into the examination hall.

The Rules of the High Court are divided by subject matter into 'Orders' and apply to all proceedings in the High Court.

The Subordinate Court Rules 1980 are also divided by subject matter into 'Orders' and apply to all proceedings in the Sessions or Magistrates Court. Each Order is divided into rules and sub-rules.

The Civil Procedure syllabus requires students:

• To have a good understanding of the procedure governing the various stages of a trial from the stage of the mode of commencing civil proceedings in the High Court and the Subordinate Courts up to the stage of judgment
• To be familiar with the enforcement of Judgments and Orders
• To be familiar with the procedure for appeals
• To be familiar with the Orders in the Rules of the High Court 1980(RHC) and the Subordinate Court Rules 1980 (SCR) and the amendments
• To have a good understanding of all provisions relevant to civil procedure in the Subordinate Courts Act, the Courts of Judicature Act,
• To have a good knowledge of decided cases on civil procedure
• To be familiar with the 'Practice Directions'

Topics:-

1. Introduction
2. Civil Courts and their Jurisdiction
3. Modes of Originating Process
4. Parties
5. The Writ
6. Originating Summons (High Court)
7. The Summons (Subordinate Courts)
8. Appearance and Default Judgment
9. Summary Judgment
10. Payment into Court
11. Third Party Proceedings
12. Interpleader Proceedings
13. Pleadings - General Principles
14. Striking Out Pleadings and Indorsement
15. Amendment to Pleadings
16. Injunctions
17. The Mareva Injunction
18. The "Anton Piller" Injunction
19. Arrest and Attachment before trial under the Debtors Act 1957
20. Discovery
21. Affidavits
22. Interrogatories
23. Summons for Direction, Pre-Trial Case Management and Dismissal for Want of Prosecution
24. Trial
25. Costs
26. Enforcement of Judgments
27. Appeals

The other 2 Course Subject will be put in the second part of this post

Information derive from http://www.clp4u.info/ website