Thursday, May 14, 2009
25TH MAY 2009
ANISHAH BINTI AZIZAN
CATHERINE RAMAS ANAK SEBLI
FRANKY BIN MAMIDJAL
HASLINDA BINTI ADAM
KHAIRUL AZMI BIN MD ISA
MALANI A/P RETHINAM
MILLY BINTI MAJUPIN
MOHD NORAZIZUL BIN SHAHABDIN
MUHAMMAD SAFAWIE BIN SAAD
NASROH BINTI APANDI
NIK NORHASMAYU BINTI NIK HUSSAIN
NOOR SHAHIRA BINTI MOHD RAZIB
NOR AZRA FIFIEYANA BINTI MOHAMED NASIR
NOR FARHANAH BT NAJIB
NORAINI BINTI AMALAN
NORHIDAYA BINTI TUNGGAL
NUR AFFIYAH BINTI ROSDI
NUR SAFFIKA BINTI ABDUL WAHAB
NURNADYA BINTI RIDUAN
NURUL NADEERA BINTI ABU SHOED
OLSEN STEFAN PAGAG
RAHZIMAN SUHAIRY BIN ABD RAHMAN
SAIFUL ANUAR BIN ISMAIL
SITI AISYAH BTE ZAINAL ABIDIN
SUZILAWATI BINTI YAHYA
WAN HASNIDA BINTI WAN JUSOH
26TH MAY 2009
DORIZA BINTI AMAT
FAIZAL BIN AHMAD JAIS
HAIRUL NUR AZLINY BINTI MAT ZIN
JICKY BINTI JURAN
LAINORIZA BINTI JAINI
MAZIATUN NAZIELA BINTI MAT NOR
MOHAMAD SHUKRE BIN JAMAN
MUHAMMAD QAMARUN BIN SALIM
MUHAMMAD SAIFUL BIN MAT DAUD
NIK HARITHSAN BIN MOHD SERAJI
NOOR HASNIZAH BINTI ISHAK
NOOR ZAWANI BINTI MOHD FAUZI
NORADILAH BINTI YUNOS
NORHASNIZAH BINTI HADININ
NORMA SYALLIEYANA BINTI NOR BASMIN
NUR AZMINA BINTI AHMAD
NURHAZIQAH BINTI YUSOF
NURUL IZZAH BINTI AZMI
NURUL SYAFAWATI BINTI ALIAS
PANG YEE VEI
ROSYATI BINTI MOHD ROSDI
SHARMILAH BINTI MOHD SADRI
SITI ROSHILAH BINTI ROSLI
VICKNESWARI A/P MENASOME
WAN NURUL MARDHATI BINTI WAN UMAR
LEARROD BIN LUIS
Monday, May 11, 2009
1. What is meant by the term “ seizable Offence " ? 3 Marks
2. Explain how to serve summons on individual? 5 Marks
3. What is the right of the occupant whom place is directed for police search? 6 Marks
4. What is security bond? 6 Marks
5. Give one differentiation between government and private legal aid? 5Marks
1. Explain the word “omission”, give case example? 5 Marks
2. Briefly discuss the reasons for the magistrate to issue search warrant? 6 M
3. List down three persons that can conduct prosecution in court? 6 Marks
4. According to CPC, who should affirm an affidavit of service? 3 Marks
5. What are the statutes that relevant to our topic Criminal Procedure? 5 Marks
1. Differentiate the terms legal proceedings and court proceedings? 6 Marks
2. What are the three most important particulars that should be
written in a Charge? 3 Marks
3. Describe how a preliminary trial commenced in court? 5 Marks
4. To whom the warrant of arrest is directed and why? 6 Marks
5. What should a summoned person do when receiving a summon? 5 Marks
1. Who can ordinarily serve summon and what are the manners to serve summon to a summoned 6 Marks
2. Who are classified as youthful offender? 3 Marks
3. Define search warrant? 5 Marks
4. What are the main objectives for the court to issue search warrant? 5 Marks
5. What are the restrictions specified in the search warrant? 5 Marks
1. What do you understand by the term “Prima Facie Case” ? 3 Marks
2. Explain two ways, according to CPC on the process to compel appearance.6M
3. What is an open court? 5 Marks
4. Draw a picture of courts hierarchy in 5 Marks
5. List down the criminal jurisdictions of Magistrate 6 Marks
1.What do you understand by the words “mens rea”? 3 Marks
2. Explain two ways, according to CPC on the process to amend charge. 6 Marks
3. What is “court in chambers”? 5 Marks
4. Draw a set up in open court. 5 Marks
5. List down the possible procedures after accused person pleaded guilty. 6 M
1.What do you understand by the words “actus reus”? 3 Marks
2. What are the criterias, for a private person to commence prosecution? 6 M
3. Who is Public Prosecutor and who can act on behalf of them? 5 Marks
4. Draw a procedure of preliminary trials. 5 Marks
5. Briefly explain the organizations that provide legal aid in Malaysia. 6 Marks
1.What do you understand by the words “non-seizable offence”? 3 Marks
2.What are the differences between bar committee and the
government in managing the procedures for legal aid? 6 Marks
3. What is Search Warrant and who may apply for it? 5 Marks
4. Describe on how to prepare an affidavit of service. 5 Marks
5. What are the differences between warrant of arrest and search warrant. 6 M
1. Who should receive summons on behalf of a company? 3 Marks
2. Define: OKT, OKS, AG, PP, IGP? 5 Marks
3. Give three different procedures between government and private
organizations pertaining to legal aid? 6 Marks
4. To whom a warrant of arrest may be directed and why? 6 Marks
5. Give two probable situations in preliminary trial after an accused
pleaded not guilty. 5 Marks
Monday, May 4, 2009
[first paragraph should consist of introduction to the question]
The law that governs the procedure to serve summons is provided by ss. 34 until s.37 of the Criminal Procedure Code. Ali should understand that he is going to serve sumons against two different entities that are to an individual and to a company, while the procedures are different.
[point 1: procedures of service against individual]
According to s. 34, Ali should know that the summons must be already signed by the Plaintiff and also executed by the magistrate. The summoned person must receive the duplicate copy of the summons.
s.35(1) provided that the summons must be served personally to the Defendant. Therefore, he cannot serve the summons by any other way other than by hand only.
The summoned person must acknowledged the summons at the back of the summons for his copy, to be adduced as evidence that the summoned person had already received the summons. This is underlined in s.35(2).
Ali must noted that if the summoned person is not available to receive the summoned, then the family members or any adult residing with him can receive the summons. That is what highlighted in s.35(4).
[point 2: procedures of service against company]
For the second summons, that is against a company. Ali must aware that the procedures are different. Refer to s.35(3), if the summons made against a company, the person authorized to receive the summons is either the CEO or the secretary of the company.
If in case that both of the persons are not available, therefore Ali can leave the summons by affixing the summons to the company’s last known address and he better take a picture of the affixed summoned to be evidence of complete service as written in s.36.
[point 3: conclusions must be fact of procedures also]
SAMPLE OF SHORT ESSAY QUESTIONS:
1. Define the meaning of the following legal terms:
2. Differentiate the legal words below:
i. Seizable offence & Non-seizable offence
ii. Ommission & Commission
iii. Civil & Criminal case
iv. Charge & Fine
v. Higher court & lower court
vi. Court in chambers & open court
3. Briefly explain the jurisdiction and power of a magistrate?
4. Give two ways or process to compel appearance, give authority?
5. List down four possible punishments for the accused when convicted to a criminal case?
6. What are the court’s directions after the accused pleaded not guilty?
7. Describe variations of procedures conducted between the government and the NGO pertaining to legal aid?
8. Public Prosecutor must adhere to the procedures to amend charge whenever it happened to be imperfect. Explain what are the procedures?
9. Draw a picture of set up in an open court?
10. Draw a flow chart of court hierarchy in Malaysia?
11. Section 380 of the CPC provided exclusion for a private person to conduct prosecution in court. What are the criteria provided by the section?
12. What is the section that authorized other than PP to conduct prosecution in court?
13. What is a prima facie case? Give example.
SAMPLE OF ESSAY QUESTION:
1. Ali is a new process server in one legal firm in KL. The firm he has been working for is currently acting for the Plaintiff. He has two summonses to be served to the Defendants for one particular day. He is going to serve the summons to the defendants who indicate an individual person and another one for a private company. Advise Ali, what is the law that governs the procedure of process to compel appearance and explain to him the manners of service of the summons accordingly, so that there will be no mistake committed in the service of the summons.
2. Warrant of arrest is another way to compel appearance of the accused. Elaborate in detail the form, procedures and what are the laws related.