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

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

Certificate of Legal Practice Information - The Basic Things

In order for Bachelor in Law and commerce (BLC) to be eligible for Certificate of Legal Practise (CLP), it need to fulfill the joint degree status. A degree where two or more distinct and different disciplines are studied together or combined into one degree is regarded as a joint degree. These are not recognised for the CLP EXCEPT where the duration is for 5 years or more AND a minimum of 12 substantive law subjects (including the six core) are studied. The core law subject are:-

1. Law of Contract
2. Law of Torts
3. Constitutional Law
4. Criminal Law
5. Land Law
6. Equity and Trusts

All of the 12 substantive law subject including the 6 core subject have been included in BLC syllabus. However, the requirement of time period or duration of 5 years are not fulfilled. Nevertheless, i believe that Prof Darbi and Mr Mahinder have work on this problem to enable the graduate of BLC to be entitled to sit for CLP examination. Any further information will be updated later.

The CLP examination tested the student on 5 course subject:-

1. general paper which will be divided into 2; torts and contract
2. criminal procedure
3. civil procedure
4. professional practice
5. evidence

These 5 compulsory papers need to be pass by the students in one sitting. If he fails more than one subject, he will have to retake all five subjects in July or August the following year unless the candidate has failed badly, (a total of less than 100 marks for the 5 subjects) in which case the candidate will be barred from the next sitting. However if the candidates fails only one paper, he only has to re-sit that paper on a date specified by the Board. Students who successfully complete the examination will be entitled to use the designatory letters CLP. The fees would be:-

RM 3,000 for registration fee

RM1,000 for examination fee

Hope that this basic info will help you in better understanding of the CLP exam. Each course subject information will be put in the next post

Information was derived from http://www.clp4u.info/ website.