Certificate of Legal Practice Information - Course Subject (Part 2)

4. Professional Practice

This subject covers a wide range of substantive law and comprises 5 areas which are divided into section A and section B.

Section A
(a) Advocacy and Duties of Counsel
(b) Ethics of the Legal Profession

Section B comprises of the following:
(a) Land Law and Conveyancing
(b) Probate and Administration of Estates
(c) Law of Bankruptcy

SECTION A

i. ADVOCACY AND DUTIES OF COUNSEL

Topics:-

1. Duties of Counsel - To Client and the Court / The Barrister's Immunity
2. Counsel's Liability in Negligence for Conduct of a Case
3. Summary Jurisdiction of the Courts Over Solicitors and Enforcement of Undertakings
4. Extent of Counsel's Authority
5. Counsel and Contempt of Court / Disciplinary Proceedings for Misbehaviour to Court
6. Legal Professional Privilege / s.126 Evidence Act 1950
7. Advocacy and the Trial in Court: Examination of Witnesses: Chapter X Evidence Act 1950 ss.135 -166.
8. Arguing the Appeal

ii. ETHICS OF THE LEGAL PROFESSION

Topics:-

1. Structure of the Malaysian Legal Profession
2. The Need for Ethics
3. Legal Profession (Practice and Etiqutte) Rules 1978
4. Acting for more than one party
5. Disciplinary Proceedings
6. Role and Immunity of an Advocate and Solicitor
7. Some Common Complaints Against the Legal Profession

SECTION B

i. LAND LAW AND LAND DEALINGS

Topics:-

1. The Malaysian Torrens System
2. The Application of English Equitable Principles to Land Matters
3. Disposal by the State Authority: Alienation
4. Types of Titles
5. Restriction in Interest, Conditions and Categories of Land Use
6. Indefeasibility of Title
7. Dealings
8. Restraints on Dealings
9. Housing Developers

ii. BANKRUPTCY AND WINDING UP

Topics:-

1. Introduction to Bankruptcy Law
2. Act of Bankruptcy
3. Bankruptcy notice
4. Bankruptcy Petition (Creditor's Petition)
5. Adjournment
6. Jurisdiction - Reinstatement
7. Receiving Order8. Adjudication Order
8. Proceedings Consequent to Adjudication
9. Composition or Scheme of Arrangement
10. Disclaimer:OA's rights:s.5912. The bankruptcy court and appeals
11. Discharge of bankrupt
12. Rescission and annulment of receiving and adjudicating orders
13. Companies Winding-up: The Companies Act 1965 and Companies (Winding-Up) Rules 1972

iii. ADMINISTRATION OF ESTATES

Topics:-

1. Types of Estates
2. Administration of an estate
3. Jurisdiction
4. Common types of grants of representation by the High Court
5. Grants where deceased died domiciled outside Malaysia: Grants to attorneys
6. Rights, Powers and Duties of Personal Representatives
7. Testacies
8. Intestacies
9. Letters of Administration with will annexed
10. Letters of administration de bonis non
11. Partial intestacies
12. Benefits of testate succession
13. The Administration of Muslim Estates
14. Caveats O.71r.37
15. Citation (O.71r.41-44 and s.9, Probate & Administration Act 1959)
16. Probate actions (O.72)

5. Evidence

The law of evidence is that part of adjective law which regulates the means by which facts are proved in judicial proceedings. The main statute is the Evidence Act 1950 (Act) and candidates are allowed to take an unmarked copy of the Act into the examination hall. The law of evidence regulates the proving of facts in both criminal and civil cases. While most of the rules in civil and criminal cases are the same, there are provisions that only apply in civil cases and provisions that only apply in criminal cases.

The Evidence syllabus requires students:

• To acquire a thorough knowledge of all the principles of evidence and to be able to apply that knowledge practically in both civil and criminal proceedings.
• To have a thorough understanding of the Evidence Act and the amendments made to it
• To have a good understanding of all provisions relevant to evidence in the statutes mentioned below

Statutes

1. Dangerous Drugs Act 1952
2. Anti Corruption Act 1997
3. Oaths and Affirmation Act 1949

Topics:-

1. Introduction and Preliminary Matters
2. Facts
3. Relevancy
4. Hearsay 1 - The Rule and the Exceptions
5. Hearsay 2 - Admissions and Confessions
6. Similar Fact Evidence
7. Character Evidence
8. Opinion Evidence
9. Judicial Notice
10. Documentary Evidence
11. Burden and Standard of Proof
12. Presumptions
13. Witnesses - Competence and Compellability
14. Witnesses - Privilege
15. Witnesses - Corroboration
16. Examination of Witnesses
17. Illegally Obtained Evidence
18. Improper Admission or Rejection of Evidence
    

This is the end of course subject for CLP. Any other information will be post later

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