LAWS 1330 – LEGAL METHOD

EXERCISE 2

ILLUSTRATION OF STARE DECISIS OPERATION IN MALAYSIA

(LEGAL SKETCH)

Instructions:

A. The students are required to prepare the legal sketch to illustrate the
operation of stare decisis in Malaysia based on the following questions: -

1. Explain the vertical operation of stare decisis in Malaysia.

a. Whether the High Court is bound by the decision of Court of Appeal?
b. Whether the Court of Appeal is bound by the decision of Federal Court?

2. Explain the horizontal operation of stare decisis in Malaysia with special attention to the
following issues:

a. Whether the present courts are bound by their own previous decisions-
i) Whether the Federal Court is bound by its own previous decision?
ii) Whether the Court of Appeal is bound by its own previous decision?
iii) Whether the High Court is bound by its own previous decision?

b. Whether the present courts are bound by the decisions of their predecessors
(from previous era)-
i) Whether the Federal Court is bound by the decision of its
predecessor?
ii) Whether the Court of Appeal is bound by the decisions of its
predecessor?
iii) Whether the High Court is bound by the decision of its predecessor?

*In answering the above questions, you must firstly identify the
predecessor of the present courts.
3. Explain the diagonal operation of stare decisis in Malaysia.
a. Whether the Court of Appeal is bound by the decision of the Supreme Court &
Privy Council?
b. Whether the High Court is bound by the decision of the Supreme Court, Privy
Council & defunct Federal Court?

4. You are required to find the answer to the above questions only in form of Bound/Not
Bound.

5. You are then required to illustrate the answer (by using symbol) in the most creative
manner in class. Different symbols are needed to illustrate the following-
a. Bound
b. Not bound
c. Civil matters
d. Criminal matters
e. Previous decision
f. Predecessor
g. Exception
h. Dependency claim
i. Personal injury
j. Malaysia

B. The students are required to submit the notes in form of PAMPHLET

based on the feedback given during the presentation. Kindly provide an
authority (a decided case) for each answer to the above questions.
 LEGAL METHOD – LAWS 1330
Rubric for Evaluation of Legal Sketch (Illustration of Stare Decisis)

Rubric Performance Levels (Points Scale) Score

Components Marks
Excellent Good Fair Poor 20
Teamwork Accept ideas of Accept most ideas Unwilling to Group does
others. without negative compromise. not work
Able to comments. Few members together.
compromise. Able to contribute. One person
All members compromise. does all the
contribute. Some members work.
contribute.

4 3 2 1
Presentation Shows confidence. Shows some Unsure of Portrayal
Informative confidence. responsibility. stalls.
Entertaining. Presents some Somewhat Lacks of
Engages audience. information. informative. information.
Speaks loudly and Engages audience. Engages audience Audience
clearly. Can be heard. intermittently. bored.
Appropriate use of Some use of body Hard to hear. Mumbles.
body language. language. Some movement. Body
language is
lacking/
inappropriate.

6 4.5 3 1.5
Subject Factual Factual information Factual Information is
Knowledge information is is mostly accurate. information is inaccurate.
accurate. Good somewhat Presentation is
Indicates a clear understanding of accurate. off topic.
understanding of topic. Fair
topic. understanding of
topic.

6 4.5 3 1.5
Creativity Demonstrate Demonstrative Demonstrate Demonstrate
attractive insight. thoughtfulness. awareness. little
Powerfully Completely Developing awareness.
enhanced sketch. enhance sketch. acceptably Do little to
Very informative Informative enhanced sketch. enhance
handouts. handouts. Basic handouts. sketch.
No handouts.

4 3 2 1

TOTAL SCORE /20

ACTUAL MARKS /5
 LEGAL METHOD – LAWS 1330
Rubric for Evaluation of Written Submission
Performance Levels Score
Rubric (Points Scale)
Components Excellent Good Fair Poor 10

Information clearly Information Information Information has

relates to the main clearly relates to clearly relates to little or nothing
Quality of topic. Points are the main topic. the main topic. to do with the
Information clearly made. Points are made, Points are main topic.
Analysis is but analysis is insufficiently There is no
sophisticated. weak. developed. critical
Analysis is analysis.
minimal.
Marks 4 3 2 1

All sources All sources All sources Some sources

(information and (information and (information and are not
Sources graphics) are graphics) are graphics) are accurately
accurately accurately accurately documented
documented in the documented, but documented, but
desired format. a few are not in many are not in
the desired the desired
format. format.
Marks 2 1.5 1 0.5

No grammatical, Almost no A few Many

Mechanic spelling or grammatical, grammatical, grammatical,
punctuation errors. spelling or spelling, or spelling, or
punctuation punctuation punctuation
errors. errors. errors.

Marks 2 1.5 1 0.5

Information is very Information is Information is The

Organizatio organized with organized with organized, but information
n well-constructed well-constructed paragraphs are appears to be
paragraphs and paragraphs. not well- disorganized.
subheadings. constructed.

Marks 2 1.5 1 0.5

Total Score /10