Law 033 Midterm Practice Sample

2020 Midterm Sample
The type of litigation involved in this question is civil litigation. Civil litigation can
be referred to as litigation that governs disputes between two individuals in an
organized manner, either claiming or defending. Civil litigation handles the matters
such as breach of contract, marriage, agreement, wills, sales of property and torts.
A contract must consist of an offer, acceptance and consideration to become a valid
contract. Thus, it needs the buyers to beware before signing a contract. Note that in
breaching the contract, the honourable court will not interfere with the matter of
partnership agreement.
Civil litigation is governed by the Civil Procedure, and the sources of this litigation
are the statutes such as the Rules of Court 2012 and Courts of Judicature Act 1964.
Other than that, the authorities are the case law and the practice notes or the
administrative matters. (elaborate more)
The lawyer initiates civil litigation that the plaintiff and the defendant chose. The
prime purpose of civil litigation is to compensate the plaintiff for any injuries or
damages suffered. In other words, civil litigation is meant to put things accordingly
to the status quo of the plaintiff.
Issue:
Whether Ramly satisfied all requirements of Locus Standi in this civil action?
Law:
Locus Standi comes from a Latin word that means right to appear or to be heard in
court. It is determining a competence plaintiff to initiate in the civil proceedings. It
is to ensure that the system is not abused through claims brought by an
incompetence plaintiff.
In the case of Atip Bin Ali V Josephine Doris Nunis & Anor [1987] 1 MLJ 82.
Josephine decided to sue the Chief Minister of Malacca on grounds for breaching
the promise to marry her. She then withdrew her action for some reason causing a
member of Parliament in Alai, Atip Bin Ali, to take action against Josephine under
the ground of defamation to the member of UMNO. The court held that the action
of Atip Bin Ali should fail as there was no Locus Standi. The only person defamed
was the Chief Minister of Malacca, Datuk Seri Rahim Thamby Cik, who actually
related to the Locus Standi.
To prove the Locus Standi, one’s must show that they are adversely affected and
has a real and genuine interest in the subject matter. Adversely affected means to
get infringement of a private right and suffering from special damage. Meanwhile,
real and genuine interest means that all you have to prove to the courts is that the
matter relates to you somehow.
In a decided Malaysian case, Malaysian Trades Union Congress (MTUC) V

Government of Malaysia [2014] 2 CLJ 252. This case reviewed the requirement of
Locus Standi. MTUC brought the case after their request for SYABAS concerning
the increase of waters tariffs was rejected by the Minister in charge. The court held
that to pass adversely affected, and they must have a real and genuine interest
towards the case, meaning that it relates to you somehow.
Application:
Based on the ratio decidendi on Atip Ali, Ramly is the correct person to bring the
action to the court because he is the one who is suffered the lost due to breach
contract of …..
Based on this question, Ramly must be a competent plaintiff to bring the action to
the court. Based on the case of MTUC, to prove Locus Standi, Ramly must have
been adversely affected which he must have a genuine interest towards the case.
The case must relate to him in any way, not necessarily to establish infringement of
private rights or suffer from special damage. The problem given is Ramly has the
real and genuine interest in this case because he is adversely affected by the
amount of what he pays, which is RM 20,000 for the completed Detective Conan’s
comic series that he bought but didn’t been delivered to his house in a week which
has been promised by the Gallery itself.
Conclusion:
In conclusion, Ramly may have fulfilled the Locus Standi requirement perhaps
brought this case to the court.

Law 033 Midterm Practice Sample

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2020 Midterm Sample

In a decided Malaysian case, Malaysian Trades Union Congress (MTUC) V

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