Faculty of Business, Economics and Accounting Department of Business Studies
INSTRUCTIONS:
The following piece of work contributes to twenty (20) percent of the final marks for the subject of Business Law. The answer for each question must be in no more than 1,500 words in length and must be word processed. All work must include footnotes (or endnotes) and a bibliography. Special attention is drawn to the following:
1. All coursework must be submitted by 5.00pm on the 6 July 2007. Any coursework SUBMITTED AFTER THIS TIME WILL NOT BE ACCEPTED FOR ASSESSMENT PURPOSES (see student handbook for further details).
2. Students must submit 1 legible copy, one for the examiner and the other (to be returned) for student record. You may photocopy the original so long as they are clearly legible.
3. All answers must clearly state studen t’s name and student’s number.
4. ANY ATTEMPT TO PLAGIARISE WILL BE PENALISED. (please read student handbook for guidance).
5. The word limit for this assignment will be strictly enforced.
Question 1:
One of the fundamental feature of the common law is the doctrine of precedent. How does it work? In particular discuss the meaning of technical phrases such as ratio decidendi and obiter dicta and also the importance of the hierarchy of the court system to the doctrine.
(20 marks)
General Expectations:
• The student should explain the doctrine of binding precedent and how it is supposed to operate.
• The student should discuss the authoritative hierarchy of the court structure in the Malaysian Legal System.
• Discuss the relationship between the various courts within the hierarchy and the extent to which they are governed by their own previous decisions.
• Explain what how judges may depart from previously binding precedents.
• The students should discuss the ratio decidendi and obiter dicta with support of cases.
• There should be a discussion on how judges isolate the ratio from the obiter.Specific Expectations:
• The assignment should display original and extensive sources, which would be the evidence of wide reading.
• The student should display independent ideas and critical thought
• The student should have clear grasp of material and ideas expressed in it