This document provides an overview of the Malaysian legal system and various aspects of Malaysian law. It discusses the reception of English law in Malaysia through the doctrine of reception. It examines how English law was received in the Straits Settlements, Federated Malay States, Unfederated Malay States, Sabah and Sarawak. It also explores the application of English law in Malaysia today through the Civil Law Act 1956. The document contains 18 chapters that cover additional topics like legal theory, major legal systems, federal and state constitutions, legislation, Islamic law, customary law, and jurisdiction of Malaysian courts.
This document discusses the reception of English law in Malaysia and the development of Malaysian common law. It argues that the statutory basis for receiving English law in Malaysia through the Civil Law Act of 1956 does not need to be abolished, as it allows for the development of Malaysian common law. While English law has greatly influenced and developed Malaysia's legal system, other sources like Islamic law and customary law have also played a role. The document examines key sections of the Civil Law Act and suggests some amendments to better facilitate the reception of English law and development of Malaysian common law. It maintains that English law should remain an important part of Malaysia's legal framework.
This document outlines 7 questions about the Malaysian legal system for a tutorial presentation. The questions cover topics such as legal pluralism, the legal fiction used by colonial judges regarding Penang island, the effect of the Royal Charter of Justice on Muslim law in Penang, how the British residential and advisory systems led to the indirect reception of English law in Malay states, the formal reception of English law in Sarawak and Sabah, the division of legislative and executive powers between central and state governments, and the parliamentary procedure for passing an Act of Parliament.
Malaysian Legal System - Past years attempt 1FAROUQ
The document outlines the provisions of the Charter of Justice 1807. The first charter established in 1807 granted the East India Company the power to operate an English legal system in Penang. It applied English common law and created the Court of Judicature of Prince of Wales to administer civil and criminal matters. A Recorder was appointed as the judge. This introduced English law and affirmed its status in Penang as a tool of colonial advancement.
MALAYSIAN LEGAL SYSTEM Sources of law english lawxareejx
This document discusses the sources of law in Malaysia, specifically addressing the Civil Law Act 1956. It contains the following key points:
1. The Civil Law Act 1956 adopted the common law of England and rules of equity as they existed on specific cutoff dates for each state - April 7, 1956 for Peninsular Malaysia, December 1, 1951 for Sabah, and December 12, 1949 for Sarawak.
2. The Act allows Malaysian courts to apply English common law and equity to fill gaps in Malaysian law, subject to the proviso that they must be applied only as local circumstances permit.
3. Subsequent developments in English law after the cutoff dates are not binding on Malaysian courts but may be persuasive if
This document discusses the development of Malaysian law through three Charters of Justice - 1807, 1826, and 1855.
The Charter of 1807 introduced English law to Penang as it stood in 1807, subject to local customs. It established the first British court. The 1826 Charter extended this to Malacca and Singapore. The 1855 Charter reorganized existing courts but did not introduce new law.
Islamic law was recognized as local law through cases like Ramah v Laton. The 1880 Mohammedan Marriage Ordinance also defined how Islamic law would be applied in civil courts. Edward CJ further affirmed that Islamic law modified by local customs applied to Malays in Selangor, Perak and P
MALAYSIAN LEGAL SYSTEM Sources of law english law part 2 s5 claxareejx
The document discusses the application of English commercial law in Malaysia under Section 5 of the Civil Law Act 1956. It provides:
1) Section 5 allows for the reception of English commercial law in Malaysia, with the cut-off date depending on the state - either the date of enactment for some states or continuous reception for others.
2) The term "mercantile law generally" has been broadly interpreted by courts to include any English law connected to commercial transactions.
3) However, Section 5 does not allow for the reception of English land law in Malaysia.
MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS PART2xareejx
This document discusses the history of Singapore from its time as part of the Malay kingdom of Malacca to its establishment as a British colony in 1819. It notes that Singapore was initially under Portuguese and Dutch rule before coming under permanent British control in 1824 through a treaty with the Sultan of Johor. The document also outlines the legal developments in Singapore and the other Straits Settlements of Penang and Malacca as English law was introduced through various Royal Charters and applied with some modifications to accommodate local customs and religions.
This document discusses the reception of English law in Malaysia and the development of Malaysian common law. It argues that the statutory basis for receiving English law in Malaysia through the Civil Law Act of 1956 does not need to be abolished, as it allows for the development of Malaysian common law. While English law has greatly influenced and developed Malaysia's legal system, other sources like Islamic law and customary law have also played a role. The document examines key sections of the Civil Law Act and suggests some amendments to better facilitate the reception of English law and development of Malaysian common law. It maintains that English law should remain an important part of Malaysia's legal framework.
This document outlines 7 questions about the Malaysian legal system for a tutorial presentation. The questions cover topics such as legal pluralism, the legal fiction used by colonial judges regarding Penang island, the effect of the Royal Charter of Justice on Muslim law in Penang, how the British residential and advisory systems led to the indirect reception of English law in Malay states, the formal reception of English law in Sarawak and Sabah, the division of legislative and executive powers between central and state governments, and the parliamentary procedure for passing an Act of Parliament.
Malaysian Legal System - Past years attempt 1FAROUQ
The document outlines the provisions of the Charter of Justice 1807. The first charter established in 1807 granted the East India Company the power to operate an English legal system in Penang. It applied English common law and created the Court of Judicature of Prince of Wales to administer civil and criminal matters. A Recorder was appointed as the judge. This introduced English law and affirmed its status in Penang as a tool of colonial advancement.
MALAYSIAN LEGAL SYSTEM Sources of law english lawxareejx
This document discusses the sources of law in Malaysia, specifically addressing the Civil Law Act 1956. It contains the following key points:
1. The Civil Law Act 1956 adopted the common law of England and rules of equity as they existed on specific cutoff dates for each state - April 7, 1956 for Peninsular Malaysia, December 1, 1951 for Sabah, and December 12, 1949 for Sarawak.
2. The Act allows Malaysian courts to apply English common law and equity to fill gaps in Malaysian law, subject to the proviso that they must be applied only as local circumstances permit.
3. Subsequent developments in English law after the cutoff dates are not binding on Malaysian courts but may be persuasive if
This document discusses the development of Malaysian law through three Charters of Justice - 1807, 1826, and 1855.
The Charter of 1807 introduced English law to Penang as it stood in 1807, subject to local customs. It established the first British court. The 1826 Charter extended this to Malacca and Singapore. The 1855 Charter reorganized existing courts but did not introduce new law.
Islamic law was recognized as local law through cases like Ramah v Laton. The 1880 Mohammedan Marriage Ordinance also defined how Islamic law would be applied in civil courts. Edward CJ further affirmed that Islamic law modified by local customs applied to Malays in Selangor, Perak and P
MALAYSIAN LEGAL SYSTEM Sources of law english law part 2 s5 claxareejx
The document discusses the application of English commercial law in Malaysia under Section 5 of the Civil Law Act 1956. It provides:
1) Section 5 allows for the reception of English commercial law in Malaysia, with the cut-off date depending on the state - either the date of enactment for some states or continuous reception for others.
2) The term "mercantile law generally" has been broadly interpreted by courts to include any English law connected to commercial transactions.
3) However, Section 5 does not allow for the reception of English land law in Malaysia.
MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS PART2xareejx
This document discusses the history of Singapore from its time as part of the Malay kingdom of Malacca to its establishment as a British colony in 1819. It notes that Singapore was initially under Portuguese and Dutch rule before coming under permanent British control in 1824 through a treaty with the Sultan of Johor. The document also outlines the legal developments in Singapore and the other Straits Settlements of Penang and Malacca as English law was introduced through various Royal Charters and applied with some modifications to accommodate local customs and religions.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
Creative operations teams expect increased AI use in 2024. Currently, over half of tasks are not AI-enabled, but this is expected to decrease in the coming year. ChatGPT is the most popular AI tool currently. Business leaders are more actively exploring AI benefits than individual contributors. Most respondents do not believe AI will impact workforce size in 2024. However, some inhibitions still exist around AI accuracy and lack of understanding. Creatives primarily want to use AI to save time on mundane tasks and boost productivity.
Organizational culture includes values, norms, systems, symbols, language, assumptions, beliefs, and habits that influence employee behaviors and how people interpret those behaviors. It is important because culture can help or hinder a company's success. Some key aspects of Netflix's culture that help it achieve results include hiring smartly so every position has stars, focusing on attitude over just aptitude, and having a strict policy against peacocks, whiners, and jerks.
PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley
PepsiCo provided a safe harbor statement noting that any forward-looking statements are based on currently available information and are subject to risks and uncertainties. It also provided information on non-GAAP measures and directing readers to its website for disclosure and reconciliation. The document then discussed PepsiCo's business overview, including that it is a global beverage and convenient food company with iconic brands, $91 billion in net revenue in 2023, and nearly $14 billion in core operating profit. It operates through a divisional structure with a focus on local consumers.
Content Methodology: A Best Practices Report (Webinar)contently
This document provides an overview of content methodology best practices. It defines content methodology as establishing objectives, KPIs, and a culture of continuous learning and iteration. An effective methodology focuses on connecting with audiences, creating optimal content, and optimizing processes. It also discusses why a methodology is needed due to the competitive landscape, proliferation of channels, and opportunities for improvement. Components of an effective methodology include defining objectives and KPIs, audience analysis, identifying opportunities, and evaluating resources. The document concludes with recommendations around creating a content plan, testing and optimizing content over 90 days.
How to Prepare For a Successful Job Search for 2024Albert Qian
The document provides guidance on preparing a job search for 2024. It discusses the state of the job market, focusing on growth in AI and healthcare but also continued layoffs. It recommends figuring out what you want to do by researching interests and skills, then conducting informational interviews. The job search should involve building a personal brand on LinkedIn, actively applying to jobs, tailoring resumes and interviews, maintaining job hunting as a habit, and continuing self-improvement. Once hired, the document advises setting new goals and keeping skills and networking active in case of future opportunities.
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
The document provides career advice for getting into the tech field, including:
- Doing projects and internships in college to build a portfolio.
- Learning about different roles and technologies through industry research.
- Contributing to open source projects to build experience and network.
- Developing a personal brand through a website and social media presence.
- Networking through events, communities, and finding a mentor.
- Practicing interviews through mock interviews and whiteboarding coding questions.
Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray
1. Core updates from Google periodically change how its algorithms assess and rank websites and pages. This can impact rankings through shifts in user intent, site quality issues being caught up to, world events influencing queries, and overhauls to search like the E-A-T framework.
2. There are many possible user intents beyond just transactional, navigational and informational. Identifying intent shifts is important during core updates. Sites may need to optimize for new intents through different content types and sections.
3. Responding effectively to core updates requires analyzing "before and after" data to understand changes, identifying new intents or page types, and ensuring content matches appropriate intents across video, images, knowledge graphs and more.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
It's part of a Data Science Corner Campaign where I will be discussing the fundamentals of DataScience, AIML, Statistics etc.
Time Management & Productivity - Best PracticesVit Horky
Here's my presentation on by proven best practices how to manage your work time effectively and how to improve your productivity. It includes practical tips and how to use tools such as Slack, Google Apps, Hubspot, Google Calendar, Gmail and others.
The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Artificial intelligence technologies_and
1. See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/350615899
FOR ACADEMIC REPOSITORY PURPOSES ONLY CLJ Publication FOR
ACADEMIC REPOSITORY PURPOSES ONLY Perpustakaan Negara Malaysia
Cataloguing-in-Publication Data MALAYSIAN LEGAL SYSTEM / Ge...
Chapter · April 2021
CITATIONS
0
READS
1,674
2 authors, including:
Some of the authors of this publication are also working on these related projects:
Jurisprudence View project
the causes of unclaimed estates View project
Mohammad Tahir Sabit Haji Mohammad
International Islamic University Malaysia
29 PUBLICATIONS 251 CITATIONS
SEE PROFILE
All content following this page was uploaded by Mohammad Tahir Sabit Haji Mohammad on 04 April 2021.
The user has requested enhancement of the downloaded file.
4. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Contents
Preface i
Foreword iii
Abbreviations v
Contributors’ Profile vii
Table of Cases xv
Table of Legislation lv
Chapter 01
MALAYSIAN LEGAL SYSTEM: AN INTRODUCTION 1
1.1 Law And Legal System 1
1.2 Malaysian Legal History 5
1.3 Colony And A Protectorate Or Protected State:
The Distinction 11
1.4 Malaysian Legal System: Chapterisation 12
Chapter 02
LEGAL THEORY AND CONCEPT OF LAW 37
2.1 Introduction 37
2.2 Definition Of Law 37
2.2.1 Juristic Definition 37
2.2.2 Statutory Definition 39
2.3 Classification Of Law 41
2.3.1 Classical Classification 41
2.3.1.1 Eternal Law (Lex Aeterna) 41
2.3.1.2 Divine Law (Lex Divina) 42
2.3.1.3 Natural Law (Lex Naturalis) 42
2.3.1.4 Man-Made Law (Lex Humana) 43
2.3.2 Common Classification 44
2.3.2.1 National Law 44
2.3.2.1.1 Public Law 46
2.3.2.1.2 Private Law 49
2.3.2.2 International Law 53
2.3.2.2.1 Public International Law 53
2.3.2.2.2 Private International Law 54
5. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
2.4 Substantive Law And Procedural Law 56
2.4.1 Substantive Law 57
2.4.2 Procedural Law 57
2.5 Criminal Law And Civil Law 58
2.5.1 Criminal Law 58
2.5.2 Civil Law 58
2.6 Federal Law And State Law 59
2.6.1 Federal Law 59
2.6.2 State Law 60
Chapter 03
MAJOR LEGAL SYSTEMS OF THE WORLD 61
3.1 Introduction 61
3.2 Civil Law System 62
3.3 Common Law System 63
3.4 Islamic Legal System 67
3.5 Mixed Legal Systems 74
3.6 Adversarial System v. Inquisitorial System 76
Chapter 04
THE DOCTRINE OF RECEPTION 83
4.1 Introduction 83
4.2 Acquisition Of Territory In International Law 84
4.3 The Doctrine Of Reception 87
4.4 Settled Or Ceded Territory: The Distinction 88
4.5 Modern International Law No Longer Favourable
To Colonialism 91
4.6 Conclusion 92
Chapter 05
DOCTRINE OF TERRA ULLIUS: A REVIEW OF MABO & ORS
v. QUEENSLAND (NO. 2) CASE 93
5.1 Introduction 93
5.2 Reception Of Common Law 94
5.3 Doctrine Of Terra Nullius 98
5.4 The History Of Australia And Mabo Case 100
5.5 Conclusion 106
6. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 06
RECEPTION OF ENGLISH LAW IN STRAITS SETTLEMENTS 107
6.1 Introduction 107
6.2 Brief History Of The Straits Settlements 108
6.3 Brief Historical Account Of The Legal
Administrations In Penang 112
6.4 Formal Introduction And Reception Of
The English Law In Straits Settlements 115
6.5 Conclusion 130
Chapter 07
RECEPTION OF ENGLISH LAW IN MALAY STATES 131
7.1 Introduction 131
7.2 The Legal System Before British Intervention 131
7.3 The Malay States Were Sovereign States 133
7.4 British Intervention And Reception Of English Law
In The Federated Malay States 135
7.5 Reception Of English Law In The Federated
Malay States 136
7.5.1 Informal Reception: The Residential System 136
7.5.2 Formal Reception: Civil Law Enactment 1937 139
7.6 British Intervention And Reception Of English Law
In The Unfederated Malay States 140
7.6.1 Informal Reception 140
7.6.2 Formal Reception: 1951 Civil Law (Extension)
Ordinance 142
7.7 Administration Of The Malay States 143
7.8 Impact Of British Colonisation On Local Law 144
7.9 Conclusion 146
Chapter 08
RECEPTION OF ENGLISH LAW IN SABAH AND SARAWAK 147
8.1 Introduction 147
8.2 Brief History On The Colonial Rules In
Sabah And Sarawak 148
8.3 The Reception Of English Law In Sabah And Sarawak 150
8.3.1 Reception Of English Law In Sarawak 151
8.3.2 Reception Of English Law In Sabah 156
8.4 Conclusion 158
7. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 09
CURRENT APPLICATION OF ENGLISH LAW:
SECTIONS 3, 5 AND 6 OF THE CIVIL LAW ACT 1956 159
9.1 Introduction 159
9.2 Civil Law Act 1956 (Act 67) 161
9.2.1 Section 3 Of The Civil Law Act 1956 161
9.2.2 Sections 5 And 6 Of The Civil Law Act 1956 177
9.3 Conclusion 180
Chapter 10
PRIDE AND PREJUDICE OF LEGAL IMPERIALISM WITH
REFERENCE TO PRESEVERING ENGLISH LAW IN MALAYSIA:
MAKING SENSE THE DOCTRINES OF RECEPTION AND
SUBSEQUENT ATTRACTION 181
10.1 Introduction 181
10.2 English Law In Malaysia: Revisiting The Historical
Development 183
10.3 The Pungent Reality Of The Charter Of Justices 184
10.4 The Fortification Of English Law In Malaysia
– A Beacon Of Hope? 187
10.5 The Cobbled Road Leading To The Civil Law Act
1956 (CLA) And Its Stark Reality 190
10.6 Jurisprudence Arguments Of The Fossilization Of
English Law 203
10.7 Conclusion 205
Chapter 11
FEDERAL AND STATE CONSTITUTIONS 207
11.1 Introduction 207
11.2 Malaysian General Structure 207
11.3 What Is Constitution 208
11.4 Brief History Of Malaysian Constitutions 209
11.5 State Constitutions 214
11.6 Features Of Federal Constitution 214
11.6.1 Supremacy Of The Constitution 214
11.6.2 Constitution Creates Organs Of Government 215
11.6.3 Constitutional Monarch 217
8. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
11.6.4 Parliamentary Democracy 220
11.6.5 Fundamental Liberties 221
11.6.6 Islam Is The Religion Of The Federation 221
11.6.7 Malay Privileges And Legitimate Interests
Of Other Races 223
11.6.8 Constitutional Amendment 223
11.6.9 Special Provisions On Subversion And
Emergency 225
11.6.10 Citizenship 225
11.6.11 Federal And State Relationship 227
11.6.12 Special Provisions For Sabah And Sarawak 228
Chapter 12
LEGISLATION 229
12.1 Separation Of Power In Malaysia 229
12.2 Written Law 231
12.3 Structure Of Parliament 234
12.4 Distribution Of Legislative Powers 236
12.5 Types Of Bills 238
12.6 Legislative Process In Malaysian Parliament 241
12.7 Royal Assent 243
12.8 Constitution Amendment Bills 246
12.9 Withdrawal Of Bills 247
12.10 Gazette 248
12.11 Date Of Law Coming Into Force 250
12.12 Retrospective Legislation 250
12.13 Subsidiary Legislation Or Delegated Legislation 252
12.14 Judicial Control Of Subsidiary Legislation 254
12.15 Delegatus Non Potest Delegare 270
12.16 Amending Or Revoking A Subsidiary Legislation 271
12.17 Subsidiary Legislation May Be Retrospective 271
9. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 13
ISLAMIC LAW 273
13.1 Islam: An Overview 273
13.2 Islamic Law Or ‘Syariah’ 275
13.3 Syariah In Malaysia 280
13.4 Islam In The Federal Constitution 286
13.5 Syariah Courts 293
13.6 Administration Of Islamic Law (Federal Territories)
Act 1993 303
Chapter 14
CUSTOMARY LAW 305
14.1 Definition Of Customary Law 305
14.2 The Historical Background Of The Legal Recognition
Of Customary Law By Court In Malaysia 309
14.2.1 Straits Settlements 309
14.2.2 The Malay States 311
14.2.3 Borneo States 312
14.3 Customary Laws In Malaysia 313
14.3.1 Malay Customary Law (Adat) 313
14.3.3 Hindu Customary Law 321
14.3.4 Orang Asli Customary Law 325
14.4 Conclusion 330
Chapter 15
THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976
AND ITS EFFECTS ON NON-MUSLIM CUSTOMARY LAWS
ON FAMILY MATTERS 331
15.1 Introduction 331
15.2 Position Before The Law Reform (Marriage And
Divorce) Act 1976 332
15.3 Law Reform (Marriage And Divorce) Act 1976 337
15.4 Importance Of Registration Of Marriage 338
15.5 Legal Effect Of Registration 339
15.6 Conclusion 344
10. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 16
STATUTORY INTERPRETATION 345
16.1 Introduction 345
16.2 Intrinsic Aids 346
16.3 Extrinsic Aids 354
16.4 Judicial Principles Governing Statutory Interpretation 358
16.4.1 The Literal Approach 359
16.4.2 The Golden Approach 372
16.4.3 The Mischief Approach 377
16.4.4 The Purposive Approach 383
16.5 When Do Statutory Provisions Have To Be Interpreted? 400
16.6 Particular Rules Of Interpretation 402
16.7 Presumptions 417
16.7.1 The Doctrine Of State Immunity 417
16.7.2 The Presumption Against Retrospective
Legislation 417
16.7.3 The Presumption Against Barring The Individual
From The Courts 421
16.7.4 The Presumption Against Taking Away Property
Without Compensation 424
16.7.5 The Presumption Against The Alteration Of
Common Law Doctrines Unless A Statute
Expressly States That To Be The Case 425
16.7.6 If A Statute Is Silent As To Mens Rea,
(Criminal Intent), Mens Rea Is Required 425
Chapter 17
JURISDICTION AND POWERS OF THE CIVIL COURTS 427
17.1 Introduction 427
17.2 Hierarchy Of Courts In Malaysia 430
17.3 Jurisdiction And Powers Of The Civil Courts 432
17.3.1 Special Court 432
17.3.2 Federal Court 435
17.3.3 Court Of Appeal 438
17.3.4 High Court 440
17.3.5 Sessions Court 450
17.3.6 Magistrate Court 450
17.3.7 Court For Children 461
17.4 Summary Of Jurisdiction 451
11. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 18
SPECIFIC COURTS AND TRIBUNAL 467
18.1 Introduction 467
18.2 Syariah Courts 468
18.3 Industrial Court 474
18.4 ‘Labour Court’ 481
18.5 Native Court Of Sabah 492
18.5.1 Native Court Of Appeal 492
18.5.2 District Native Court 493
18.5.3 Native Court 494
18.6 Native Courts In Sarawak 496
18.6.1 Native Court Of Appeal 498
18.6.2 Resident’s Native Court 498
18.6.3 District Native Court 498
18.6.4 Chief’s Superior Court 500
18.6.5 Chief’s Court 502
18.6.6 Headman’s Court 502
18.6.7 Powers To Sarawak Native Courts To
Impose Penalties 502
18.6.8 Imprisonment In Default Of Penalty 503
18.7 Tribunal For Consumer Claims 503
18.8 Tribunal For Homebuyer Claims 508
Chapter 19
STARE DECISIS AND RATIO DECIDENDI 513
19.1 Doctrine Of Stare Decisis 513
19.1.1 Application In England 521
19.1.2 Application In Malaysia 523
19.2 Adherence To Stare Decisis In The Interest
Of Certainty And Finality Of Law 527
19.3 Decisions Offending Stare Decisis And Its Effect:
An Illustration 533
19.3.1 Supreme Court’s Decision In Chan Chin Min
Anor v. Lim Yok Eng 533
19.3.2 Federal Court’s Decision In Adorna Properties
Sdn Bhd v. Boonsom Boonyanit 536
19.3.3 Federal Court In Metramac Corporation
Sdn Bhd v. Fawziah Holdings Sdn Bhd 539
12. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
19.4 Adherence To Precedent: A Rule Rather Than
Exception 542
19.5 Re Hj Khalid Abdullah: A Review 545
19.6 Dissenting Opinion 558
19.7 Inherent Power Of The Federal Court To Reopen,
Rehear And Re-Examine Its Previous Decision 563
19.8 Ratio Decidendi 574
19.9 Obiter Dicta 585
19.10 Conclusion 589
Chapter 20
STARE DECISIS IN SYARIAH 591
20.1 Introduction 591
20.2 Status Of Judicial Precedent In Syariah 592
20.3 Legal Maxim ‘Ijtihad Cannot Be Revoked By
Another Ijtihad’: The Meaning Of 595
20.4 The Origin And Proof Of The Legal Maxim 595
20.5 The Scope Of The Legal Maxim 597
20.6 The General Rule Of The Legal Maxim 597
20.7 The Application Of The Doctrine Of Judicial
Precedent In Syariah Courts 598
20.7.1 Malaysia 599
20.7.2 Nigeria 601
20.7.3 Pakistan 605
20.8 Conclusion 608
Chapter 21
THE JUDICIARY AND THE BAR (CIVIL) 609
21.1 Introduction – The Malaysian Judiciary 609
21.2 The Malaysian Judicial Structure 614
21.2.1 Superior Court Judges 614
21.2.2 The Subordinate Court Judge 621
21.3 Jurisdiction Of Malaysian Courts 623
21.3.1 The Superior Courts 624
21.3.2 The Subordinate Courts 628
21.4 Ethics Of Judges 630
21.5 Legal Profession In Malaysia 648
13. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
21.6 Legal Profession Act 1976 650
21.7 The Malaysian Bar 652
21.8 Admission To Legal Profession 654
21.9 Conclusion 658
Chapter 22
THE JUDICIARY AND THE BAR (SYARIAH) 659
22.1 Introduction 659
22.2 Administration Of Justice In Islam 661
22.3 Syariah Judiciary 665
22.4 Conduct Of Judges 669
22.5 Registrar Of The Court 670
22.6 Syariah Prosecution 671
22.7 Chief Religious Enforcement Officer And
Religious Enforcement Officer 675
22.8 Peguam Syarie 676
22.9 Non-Muslim As Peguam Syarie 683
22.9.1 Syariah Is An Integral Part Of The
Religion Of Islam 700
22.9.2 Obligation Of Upholding Justice And
Accountability To Creator 703
22.10 Conclusion 710
Chapter 23
BASIC STRUCTURE DOCTRINE AND ITS APPLICATION IN
MALAYSIA: WITH REFERENCE TO DECIDED CASES 711
23.1 Introduction 711
23.2 Basic Structure Doctrine In Malaysia 714
23.3 Application Of Basic Structure Doctrine:
With Reference To Decided Cases 721
23.4 Criticism Against Basic Structure Doctrine 726
23.5 Conclusion 730
14. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 24
ATTORNEY GENERAL: ROLE AND POWERS 731
24.1 Attorney General 731
24.2 Solicitor General 733
24.3 Deputy Public Prosecutors 734
24.4 Federal Counsel In Civil Matters 736
24.5 Whether Attorney General Supervises And
Controls Judicial Officers? 736
24.6 Attorney General’s Department 739
24.7 Powers Of The Attorney General In Criminal Cases 740
24.8 Power To Conduct Criminal Proceedings 746
24.9 Power To Discontinue Criminal Proceedings 751
24.10 Attorney General To Represent Judges Sued
In Personal Capacity 752
24.11 Attorney General Represented Government
At International Court Of Justice And Tribunals 753
24.12 Prosecutorial Immunity 754
24.13 Conclusion 757
Chapter 25
ROYAL COMMISSION OF INQUIRY 759
25.1 Introduction 759
25.2 The Basic Functions Of The Royal Commission
Of Inquiry 761
25.3 Legal Status On Holding Royal Commission Of
Inquiry In Malaysia 762
25.4 Establishment Of The Royal Commission Of Inquiry 764
25.5 Terms Of Reference For The Establishment Of
The Royal Commission Of Inquiry 765
25.6 The Powers Of The Commissioner Stipulated In
The Royal Commission Of Inquiry 765
25.7 Findings Of The Royal Commission Of Inquiry 766
25.8 Challenging The Findings Of A Commission
Of Inquiry 767
25.9 Issues Surrounding The Royal Commission Of Inquiry 769
25.10 Conclusion 770
15. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 26
SELECTED COMPLAINT RESOLUTION BODIES IN MALAYSIA 771
26.1 Human Rights Commission Of Malaysia 771
26.1.1 Functions And Powers 772
26.1.2 Powers Of Inquiry 774
26.1.3 Composition Of Members 775
26.2 Malaysian Anti-Corruption Commission 776
26.3 Public Complaints Bureau 783
26.4 Ombudsman 786
26.5 Inquiries Of Deaths 790
26.5.1 Police Investigation Upon The Death
Of Any Person 790
26.5.2 Magistrate – When No Inquiry Of Death
Is Necessary 792
26.5.3 Inquiries Of Death Is Necessary 793
26.5.4 The Nature Of The Inquiry 793
Chapter 27
CIVIL PROCEDURE 797
27.1 What Is Civil Procedure 797
27.2 Law Regulating Civil Procedure 797
27.3 Preliminary Matters 799
27.3.1 The Cause Of Action 799
27.3.2 Identifying The Appropriate Court And
Its Jurisdiction 800
27.3.3 Parties And Proceedings 803
27.4 Commencement Of Civil Suit 807
27.4.1 Service Of Documents Locally And Abroad 808
27.4.2 Entering An Appearance And Failure To
Enter Appearance 809
27.4.3 Pleadings And Judgment In Default Of
Pleadings 809
27.5 Interlocutory Proceedings 810
27.6 Preventive Reliefs 811
16. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
27.7 Security For Costs 811
27.7.1 Pre Trial Procedure 812
27.7.2 Pre Trial Case Management 813
27.7.3 Trial And Judgment 813
27.7.4 Enforcement Of Judgments 814
27.8 Appeal 816
27.9 Costs 817
27.10 Conclusion 818
Chapter 28
CRIMINAL PROCEDURE 819
28.1 Criminal Procedure 819
28.2 The Meaning Of Mandatory And Directory 820
28.3 Due Process 822
28.4 Roles Of The Police 823
28.5 Constitution Of The Police Force 824
28.6 General Duties Of Police Officers 824
28.7 Duty To Investigate Under CPC 826
28.8 Preventive Action 828
28.8.1 Police To Prevent Seizable Offences 828
28.8.2 Information Of Design To Commit
Seizable Offences 829
28.8.3 Arrest To Prevent A Seizable Offences 829
28.9 Prevention Of Injury To Public Property 830
28.10 Arrest 831
28.10.1 What Constitutes An Arrest? 831
28.10.2 Constructive Arrest 832
28.10.3 Actual Arrest 833
28.10.4 Non Arrest 835
28.10.5 Degree Of Force Used In Affecting An Arrest 837
28.10.6 Using Of Handcuff 837
28.10.7 Resistance By The Accused 838
17. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
28.10.8 Persons Who May Arrest 838
28.10.8.1 Arrest By Police Officer And
Penghulu 839
28.10.8.2 Arrest By Private Person 844
28.10.8.3 Arrest By Magistrate Or Justice
Of The Peace 845
28.11 Charges 846
28.11.1 Objectives Of Charges 846
28.11.2 General Principles 847
28.12 Sentencing 848
28.12.1 Purposes Of Sentencing 848
28.12.2 Retribution 848
28.12.3 Deterrence 849
28.12.4 Rehabilitation 850
Chapter 29
EVIDENCE 851
29.1 Introduction 851
29.2 The Litigation Process 854
29.3 Evidence 855
29.4 Facts In Issue 856
29.5 Admissibility 856
29.6 Relevant 856
29.7 Weight 858
29.8 Prejudice 858
29.9 Fairness 859
29.10 Opinion Evidence 860
29.11 Similar Fact Evidence 861
29.12 Hearsay 863
29.13 Proof 865
18. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 30
LEGAL AID AND LEGAL ADVICE SERVICES 867
30.1 Case History 867
30.2 Introduction 868
30.3 Adversarial Process Of Litigation Requires
Legal Representatives 871
30.4 Legal Aid And Legal Representation 873
30.5 Bar Council Legal Aid Centre 877
30.6 National Legal Aid Foundation 879
30.7 Court-Assigned Counsel 880
30.8 University-Run Legal Advice Services 881
30.9 Legal Aid In Islam 887
30.10 Conclusion 892
Chapter 31
ALTERNATIVE DISPUTE RESOLUTION 893
31.1 Introduction 893
31.2 Dispute Resolution Vide Litigation: The Constrains 893
31.3 Mediation 899
31.4 Settlement Agreement 906
31.5 Arbitration 910
31.5.1 Arbitration: Definition 913
31.5.2 Arbitration Agreement 913
31.5.3 Arbitrator 915
31.5.4 Appointment Of An Arbitrator 916
31.5.5 Arbitration Proceeding 918
Chapter 32
TECHNOLOGY AND DELIVERY OF JUSTICE 929
32.1 Introduction 929
32.2 Court Recording Transcription (CRT) 932
32.3 CRT: Important Tool For Implementation Of
Rule Of Law 935
32.4 Live-Streaming Of Superior Court Proceedings:
The Way Foreword 942
19. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 33
ARTIFICIAL INTELLIGENCE, TECHNOLOGIES AND
THE FUTURE OF LAW 945
33.1 Introduction 945
33.2 Artificial Intelligence 946
33.3 Artificial Intelligence: Its Use In Legal Service 948
33.4 Legal Education And The Malaysian Legal
Services Sector 958
33.5 Prospect Of AI Application In Malaysian Legal
Education 959
33.6 Modernisation Of Legal Education 961
33.7 Conclusion 964
Chapter 34
LEGAL EDUCATION IN MALAYSIA: PARADIGM SHIFT IN
THE ERA OF FOURTH INDUSTRIAL REVOLUTION (IR4.0) 967
34.1 Introduction 967
34.2 Reading Law In Malaysia 970
34.2.1 Public Universities 972
34.2.2 Private Universities 974
34.2.3 Private University Colleges 977
34.2.4 Foreign University Branch Campus 978
34.2.5 Colleges 978
34.3 Structure Of Bachelor Of Laws Programmes 981
34.4 Common Facilities Provided By Higher
Education Providers 982
34.5 The Future Of Legal Education In The Era
Of Fourth Industrial Revolution (IR4.0) 985
34.5.1 Administration 986
34.5.2 Teaching Methods And Delivery 986
34.5.3 Subjects Offered 989
34.5.4 Assessment Methods 992
34.5.5 Facilities Offered By The Higher
Education Providers 995
34.6 Conclusion 996
20. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
Chapter 35
FUTURE OF LEGAL EDUCATION IN MALAYSIA:
TOWARDS A COMMON BAR COURSE 997
35.1 Development Of Legal Profession 997
35.2 Legal Education And Legal Profession
In Malaysia 1001
35.3 The Nadir And Zenith Of One To Many
Law Schools 1005
35.4 Legal Education Reforms: Towards A
Common Bar Course 1015
35.5 Common Bar Course: A Provisional Languish
For Equity 1019
35.6 Recommendations: Common Bar Course (CBC)
The Alchemy Of A Law Student’s Right 1021
35.7 The Common Bar Course – Laying To Rest The
Paradox Of Legal Profession And Justice 1027
Chapter 36
LEGAL RESEARCH AND LEGAL CITATION 1029
36.1 Introduction 1029
36.2 What Is Legal Research? 1030
36.3 Importance Of Legal Research In Legal Studies 1032
36.4 Types Of Legal Research 1035
36.4.1 Doctrinal Legal Research 1036
36.4.2 Empirical Legal Research/Non-Doctrinal
Legal Research 1037
36.4.3 International And Comparative Legal
Research 1039
36.5 Introduction To Legal Citation 1040
36.6 Purposes Of Legal Citation 1042
36.7 Types Of Citation Principles 1043
36.8 How To Cite Legal Materials 1044
36.8.1 Case Law And Decisions 1044
36.8.2 Square And Round Brackets In Case
Citation 1046
21. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contents
36.8.3 Citing Foreign Cases 1047
36.8.4 Legislation 1051
36.8.5 Citing Subsidiary Legislations 1052
36.8.6 Books, Articles And Other Sources 1053
36.8.7 Citing Islamic Sources 1055
36.9 How To Carry Out A Successful Legal Research 1057
Index 1061
22. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contributors’ Profile vii
CONTRIBUTORS’ PROFILE
Abdul Hamid Bin Haji Mohamad (Tun) had spent 21 years in the Legal
and Judicial Service of Malaysia serving in the courts, the Attorney
General’s Chambers, Inland Revenue Department as well as in the States
as the State Legal Advisor. After that he spent another 19 years as Judge
in the High Court, Court of Appeal, Federal Court and also in the Special
Court and the Shari’ah Court of Appeal for the State of Penang. In brief,
he had been a Judge in all the Courts in the country. He started his career
as a Magistrate and retired as Chief Justice of Malaysia. He had written
567 judgments of the Superior Courts, including one judgment each of the
Special Court and of the Shari’ah Court of Appeal. Most of them have been
published in the law reports. He was involved in the drafting of the laws
for use in the Shari’ah Courts in Malaysia since1980. He also served as a
consultant to Law Harmonisation Committee of Brunei Darussalam. He had
also written, delivered or published not less than 170 speeches, lectures,
articles and working papers. Most of his judgments, speeches, lectures,
articles and working papers are also available on his website: http:// www.
tunabdulhamid.my Currently, he is Chairman of the Law Harmonization
Committee for Islamic Finance, Bank Negara Malaysia, Chairman of the
Monitory Penalty Review Committee of Bank Negara Malaysia, a member
of the Shari’ah Advisory Council, Bank Negara Malaysia, a member of the
Syari’ah Advisory Council of the Securities Commission Malaysia.
Abdul Haseeb Ansari (Dr.) obtained his Bachelor of Science (B.Sc) from
Gorakhpur University, India, Master of Laws (LLM) and Doctor of Philosophy
(PhD) from Banaras Hindu University, India. He has special interest in
revenue law, environmental law, international trade law and comparative
jurisprudence. He has extensively contributed on different aspects of these
areas including a long experience of teaching and guiding research in these
areas. He has authored several books on the above subjects and published
numerous articles both in the local and international journals/reports
and further, presented papers on the abovementioned areas at various
international and local conferences. In June 2019, he retired as Professor
from Ahmad Ibrahim Kulliyyah of Laws, International Islamic University
Malaysia (IIUM). (ahaseeb@iium.edu.my)
23. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
viii Contributors’ Profile
Abdul Majid Nabi Baksh (Dr.) graduated with BA (Hons); MA (Malaya);
Ph.D (Toledo); LL.B (Hon) (London), MCL (IIU), CLP (Hons); Advocate and
Solicitor (High Court of Malaya) (Non-Practising). He is a Senior Lecturer
at the Monash University Malaysia. He was at one time a Professor of
English and then a legal practitioner before taking up an appointment at
the Chinese University of Hong Kong where he was an Associate Professor
in Law. He was also a Visiting Fellow in Commercial and Business Laws at
the Hong Kong Polytechnic University. He has published extensively in
business law areas with occasional forays into other academic disciplines.
His areas of interest include Employment Law, Business Law, Defamation
and Corporate Governance.
Abdul Rani Kamarudin (Dr.) is an Associate Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He
graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative
Laws (MCL) from IIUM, and Doctor of Philosophy (PhD) from University
of Exeter, England. He was admitted to the Malaysian Bar as an advocate
and solicitor by the High Court of Malaya in 1990, and Syarie Lawyer of the
Federal Territory of Kuala Lumpur and the State of Negeri Sembilan. His
area of interest includes Criminal Procedure, Law of Evidence, Evidence and
Procedure of Syariah Court and Comparative Penology. He is also accredited
mediator with the Malaysian Mediation Centre of the Malaysian Bar in 2011.
(rani@iium.edu.my)
Adnan Trakic (Dr.) is a Senior Lecturer at Department of Business Law and
Taxation, School of Business, Monash University Malaysia. He graduated
with Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and
Doctor of Philosophy (PhD) from International Islamic University Malaysia
(IIUM) and Graduate Certificate in Higher Education (GCHE) from Monash
University. He has taught and researched in the fields of conventional and
Islamic finance law, business law, and alternative dispute resolution. A
co-author of several books, his published work extends to numerous
articles, book chapters, and other contributions. (adnan.trakic@monash.
edu)
24. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contributors’ Profile ix
Areej Torla (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of
Laws, International Islamic University Malaysia (IIUM). She graduated with
a Bachelor of Laws (LLB (Hons)) and Master of Comparative Laws (MCL)
from the International Islamic University Malaysia, and Ph.D in Law from
Brunel University, United Kingdom. Her area of specialisation is in public
international law on the law of the sea. Her research interest also includes
the legal system, land law and constitutional law. (areej@iium.edu.my)
Ashgar Ali Ali Mohamed (Dato’ Sri Dr.) is a Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He
graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative
Laws (MCL) from IIUM, Master of Laws (LLM (Hons)) from the University of
Auckland, New Zealand and Doctor of Philosophy (PhD) from the Graduate
School of Management, University Putra Malaysia. He was admitted to the
Malaysian Bar as an advocate and solicitor by the High Court of Malaya
in 1992. His area of interest includes Employment Law, Civil Litigation
and Alternative Dispute Resolution. He has authored several books on
the above subjects and published numerous articles both in the local
and international journals/reports and further, presented papers on the
abovementioned areas at various international and local conferences.
(ashgar@iium.edu.my)
Chithra Latha Ramalingam (Dr.) graduated with a Bachelors of Laws
(LLB (Hons) from University of Wolverhampton, Master of International
Business Laws (LLM (Merit)) from Staffordshire University and Doctor
of Philosophy (PhD) from University of Malaya. Her research interest is
in Human Governance that encompasses Law, Ethics and Governance.
She has undertaken research in the area of Corporate Governance and
Corporations Law, Employment Law, Sports Law and Cyber Media Law. She
has authored books on Company Law, Elements of Law and co-authored
Law and Technology Management with Open University Malaysia and is
the subject moderator for Malaysian Business Law with a publishing house.
Her experience in research is well compounded on the fact that she had
trained a pool of MACC officers to understand the intricacies of the legal
issues related to company and governance. She has also produced some
peer-reviewed journal publication and presented conference papers both
locally and internationally in the above areas. Prior to her current portfolio
as a Senior Lecturer, she has served as a lecturer locally at various private
universities and abroad in the United Kingdom. (chithlr@help.edu.my)
25. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
x Contributors’ Profile
Duryana Mohamed (Dr.) is an Assistant Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She
graduated with the following qualifications: Bachelor of Laws LL.B (Hons)
(IIUM), Bachelor of Laws (Shari’ah) (LL.B (Shari’ah)) (IIUM), Master of Laws
(LL.M) (London), and Ph.D (Law) (IIUM). She was admitted to the Malaysian
Bar as an Advocate and Solicitor by the High Court of Malaya. She has
published many research articles in academic journals and presented
several papers at various local and international conferences. Her area of
interest includes Law of Contract, Law of Torts, Compulsory Moots and Civil
Procedure. (mduryana@iium.edu.my)
Farheen Baig Sardar Baig (Datin Sri Dr.) is an Associate Professor at
Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
(IIUM). She graduated with Diploma in Islamic Studies, Bachelor of Laws
(LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy
(PhD) from IIUM. She was admitted to the Malaysian Bar as an Advocate
and Solicitor by the High Court of Malaya in 1996 and her area of interest
includes employment law and tort law. She has co-authored several books
on employment law and published numerous articles both in the local
and international journals/reports and further, presented papers on the
abovementioned areas at various international and local conferences.
(farheenb@iium.edu.my)
Hanifah Haydar Ali Tajuddin is a Senior Assistant Director at the Policy
and Research Unit of the Syariah Judiciary Department Malaysia. Being an
officer at the Policy and Research Unit, she is involved in research relating
to application of Syariah laws in Malaysia and efforts to standardise the
laws, and innovations in improving service of the Syariah court. She is
also tasked as a focal person for her department in preparing responses
for international conventions in issues relating to Syariah laws in Malaysia.
Currently, she is in her final stages of Doctor of Philosophy (PhD) at the
International Islamic University Malaysia (IIUM). She has obtained her
Bachelor of Laws (LLB (Hons)), Bachelor of Laws (Shari’ah) (LL.B(S) (Hons))
and Master of Comparative Laws (MCL) from IIUM. She has co-authored
an edited book on Islamic Banking and published several articles and as
well as chapters in book in both local and international journals/publisher
in areas relating to Syariah laws, legal system, Islamic criminal laws, and
Islamic banking and finance. (hanifah82@esyariah.gov.my)
26. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contributors’ Profile xi
MohamadIsmailMohamadYunus(Dr.) is an Assistant Professor at Ahmad
Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM).
He is also a non-practising Advocate Solicitor, High Court of Malaya,
Kuala Lumpur and a member of the Investigating Tribunal, Advocate and
Solicitors Disciplinary Board, Bar Council, Malaysia. He holds a Diploma
in Public Administration (UiTM) in 1989, Bachelor of Laws (LL.B (Hons)) in
1992 and Master in Comparative Laws (MCL) in 1993 from the International
Islamic University Malaysia and obtained his Doctor of Philosophy (Ph.D) in
Law from New Zealand in 2001. He has been lecturing since 1992 in various
law subjects such as Criminal Law, Law of Evidence and Criminal Procedure.
He is also been invited as a guest lecturer at various law schools in Malaysia.
(ismailmy@iium.edu.my)
MohammadNaqibIshanJan(Dr.)isaProfessoratAhmadIbrahimKulliyyah
of Laws, International Islamic University Malaysia (IIUM). He graduated with
Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and
Doctor of Philosophy (PhD) from IIUM. His areas of expertise include Public
International Law, International Humanitarian Law, International Human
Rights Law, International Dispute Resolution, International Commercial
Arbitration, Use of Force in International Relations, Refugee Law and the
Law of the United Nations. He has taught and published extensively in
these specialised areas. Further, he has published a number of books and
numerous articles in refereed law journals, and presented papers at various
conferences. (naqib@iium.edu.my)
Mohd Akram Shair Mohamed (Dato’Sri Dr.) obtained his undergraduate
and post-graduate degrees, Bachelor of Laws (LLB (Hons)), Mater of Laws
(LLM), Master of Philosophy (MPhil), from University of London and Doctor
ofPhilosophy(PhD)fromInternationalIslamicUniversityMalaysia(IIUM).He
is Barrister At Law, Lincoln’s Inn, London and a non-practising Advocate and
Solicitor of the High Court Malaya. He also holds post-graduate Diploma
in Public International Law (Hague) and International Humanitarian Law
(IHL) (Geneva). His areas of teaching and deep interest are Law of Evidence,
Public International Law, International Humanitarian Law, Commercial Law,
Sports Law and Medical Law (being a Registered Nurse of Nursing Council
of England and Wales). He has published a number of research books and
articles and presented research papers at various international conferences.
27. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
xii Contributors’ Profile
Mohammad Tahir Sabit Haji Mohammad (Dr.) is an Associate Professor
at Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International
Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws
(LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy
(PhD) from IIUM. His principle area in teaching is Property laws and has
researched, consulted, and published in intestate estates law, Waqf (Islamic
endownments) law and its related matters. He has published a number
of research books and articles and presented research papers at various
national and international conferences. (tahiriiumedum@iium.edu.my)
Muhamad Hassan Ahmad (Dr.) is an Assistant Professor at Civil Law
Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic
University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB),
Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from
IIUM. He has special research interest in Public International Law, Private
International Law, Alternative Dispute Resolution, Comparative Law and
Jurisprudence. He published a number of research articles in various local
as well as international academic journals and presented several research
papers at numerous local as well as international conferences. (mdhassan@
iium.edu.my)
Muzaffar Syah Mallow (Dr.) graduated with Bachelor of Laws (LL.B (Hons)),
Master of Comparative Laws (MCL) and Doctor of Philosophy from the
International Islamic University Malaysia (IIUM). He is currently a Senior
Lecturer at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia
(USIM). He has written books and articles published in the local journals/
reports in the area of employment law. His area of interest includes
occupational safety, human resource management, criminal law, Malaysian
legal system and law of evidence. (muzaffarsyah.mallow@yahoo.com)
Nor Hafizah Mohd Badrol Afandi (Dr.) is an Assistant Professor at Ahmad
Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM).
She graduated with Bachelor of Laws (LL.B (Hons)), Master of Comparative
Laws (MCL) and Doctor of Philosophy (Ph.D) from the International Islamic
University Malaysia (IIUM). Her area of specialisation and interest includes
Constitutional Law and Legal System. (hafizah@iium.edu.my)
28. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
Contributors’ Profile xiii
Puteri Sofia Amirnuddin is a Senior Law Lecturer and Programme Director
for Master of Laws programmes atTaylor’s University. She teaches law using
Augmented Reality for Land Law, English Legal System and Legal Skills and
Methods.ARlearningisarelativelynewpedagogicaltechnologyinteaching
law in Malaysia, making Sofia one of the few pioneers to use the technology
successfully. Sofia was a recipient of President’s Award for Transformative
Teaching and Learning in 2018 and also Exemplary Meritorious Award Staff
(EMAS Award) in 2017. Sofia has received a Gold Award for her teaching
innovationtitled‘RedesigningFormativeAssessmentsinteachingLandLaw
using Augmented Reality’at Redesigning Assessment for Holistic Learning
(‘RAHoLE’) Conference 2017. In addition to that, she was also awarded with
a Special Award ‘Most Innovative’ Award for her creative teaching using
Augmented Reality in the same Conference. She also won a Gold Medal in
the International University Carnival on E-Learning Conference 2018 for her
innovation titled‘Closing the Humanization Gap: The Interplay between AI,
AR and NLP in Legal Skills and Methods module’has received recognition by
the Ministry of Education and MEIPTA. Recently, Sofia also received a Gold
Award for her new teaching innovation using gamification in learning Legal
Skills and Methods at the International University Carnival on E-Learning
Conference 2019. (PuteriSofia.Amirnuddin@taylors.edu.my)
Sa’id Adekunle Mikail (Dr.) is currently an ISRA researcher. He is Shariah
Committee Member of BNP Paribas (Najmah) Malaysia Berhad and Member
of Advisory Committee of Expert (ACE) of TAJ Bank Ltd Nigeria. He is a
Shariah Consultant at ISRA International Consulting (ISRA Consulting)
Sdn Bhd and I Consult Africa (PTY) Ltd. Ethical and Responsible Advisory,
Cape Town, South Africa. He obtained his Bachelor Degree of Shariah from
Islamic University of Madinah Kingdom of Saudi Arabia (KSA) in 2006,
followed by Master of Comparative Laws and PhD (Law) from International
Islamic University Malaysia (IIUM) in 2009 and 2013 respectively. His area
of specialisation is Shariah and comparative laws and Islamic finance.
He taught Usul al-Fiqh (Islamic legal theory) in 2009 in IIUM. He teaches
Shariah Aspects of Business and Finance and Shariah Issues and Shariah
Rules in Financial Transaction at the Global University of Islamic Finance
commonly known as INCEIF. His publications focus on Islamic commercial
laws, Islamic legal theory, Shariah issues in Islamic finance and economic
and comparative laws. Apart from ISRA Research Papers (IRPs) he has
published many articles in refereed academic journals and has presented
many papers in local and international conferences.
29. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
xiv Contributors’ Profile
Shamrahayu A. Aziz (Dr.) is an Associate Professor at Ahmad Ibrahim
Kulliyah of Laws, International Islamic University Malaysia (IIUM). She holds
Bachelor of Laws (LL.B (Hons)), Bachelor of Laws (Shari’ah) (LL.B Shari’ah),
Master of Comparative Laws (MCL), Postgraduate Diploma in Shari’ah and
LegalPracticeandDoctorofPhilosophy(Ph.D)fromtheInternationalIslamic
University Malaysia (IIUM). Her area of interest includes Constitutional Law,
Human Rights, Islamic Criminal Procedure and Islamic Criminal Law. She
taught the related courses for almost 20 years. She writes a column in a
Malaysian Daily, Berita Harian and has written more than 200 articles in
refereed journals and presented research papers in several international
conferences. (srahayu@iium.edu.my)
Sodiq O. Omoola (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah
of Laws, International Islamic University Malaysia (IIUM). He holds Bachelor
of Laws (LLB (Hons)) from Bayero University Kano and qualified as a Barrister
and Solicitor of the Federal Republic of Nigeria. He also holds a Master of
Comparative Law (MCL) and a Doctor of Philosophy (PhD) from IIUM. His
research interest is mainly Alternative Dispute Resolution, e-commerce
Law, ombudsman, consumer protection and Islamic finance regulation. He
has published articles in refereed journals and presented research papers in
several international conferences. (sodiq_omoola@iium.edu.my)
Umar A. Oseni (Dr.) was formerly an Assistant Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). Before
joiningIIUM,hewasaPost-doctoralFellowatIslamicLegalStudiesProgram,
Harvard Law School in the United States. He is a certified mediator and
dispute resolution expert from the Program on Negotiation of the Harvard
Law School. He also holds a Certificate in Responsible Conduct of Research
from Harvard University. He has published widely on current legal and
regulatory issues in Islamic finance as well as different aspects of Alternative
Dispute Resolution in leading journals across the world.
30. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
945
ARTIFICIAL INTELLIGENCE,
TECHNOLOGIES AND
THE FUTURE OF LAW1
33.1 INTRODUCTION
When it comes to technology, often, the experts of other disciplines
blame legal experts and their schools for being followers of other
disciplines. This critique is addressed both in developing new
knowledge and scientific tools, and viewed to be lagging behind others
in the dissemination of legal skills and expertise to their students.
Indeed, this may be true and should be of concern to the policymakers
when law schools are not open to the use of advanced tools developed
by scientists to prepare students for a better future that are required and
expected from them in the job markets.
Law schools, law firms, Government agencies and other branches of
legal fraternity are being the centre of focus. The chapter looks at how
much these organisations have adopted technology, especially artificial
intelligence (AI), in the management and administration of their daily
affairs, relating to law and legal advice based on the tasks performed by
the machines for the ease and accuracy of legal counsel. For the above
purpose, this chapter looks at the tendency of law firms and law schools
on the international level including those in Malaysia.
The results were used to simulate the future direction of the technology
for use in local law firms and Government agencies. Accordingly, this
chapterfirstintroducestherelevanttechnologydevelopedbyconcerned
bodies for the benefit of legal search and advice, acceptance and active
participation of law experts in its development. It further explains its
usefulness in the discipline and then makes recommendations on the
prospects of AI in Malaysia.
Introduction
CHAPTER 33
1 This Chapter is contributed by Mohammad Tahir Sabit Hj Mohammad, Ashgar Ali
Ali Mohamad and Sodiq O. Omoola.
31. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
946
Artificial Intelligence, Technologies
And The Future Of Law
33.2 ARTIFICIAL INTELLIGENCE
Artificial intelligence or AI is one of the newest disciplines which seeks
to build intelligent entities possessing all the entire functionalities of
homo sapiens, i.e., intelligence. The two words, mainly “artificial” and
“intelligence” are primarily based in two separate disciplines, i.e.,
natural science and philosophy respectively. While natural science
is concerned with the study of the physical world, philosophy relates
to the study of human intelligence and reasoning. The term AI was
formally coined in 1956, and have been increasingly competing with
human intelligence and abilities to see, learn, remember, perceive,
understand, predict, and manipulate complicated environments. At
par with modern genetics, scientists have cited AI as “field I would like
to be in” due to the vast opportunities to contribute new theories and
ideas. For a creative mind, this could be the truth of his life. However,
from the perspective of job opportunities and the ability to work in
the legal industry, it is threatening to future graduates of laws if the
legal educational institutions do not include these matters in their law
programs.
Artificial intelligence is advancing on multiple levels and in a variety
of capacities. It can be divided into two: technology in violation of
individual rights, and those which intrudes in the practice of lawyers.
Future graduates of law need to know both parts of technology.
Litigations in American courts is already happening concerning the
violation of privacy, and the threat by AI enabling private commercial
industry to watch the movement of every cursor by consumers without
their consent has alarmed many. Which field of law to deal with such
violation is an issue that could be integrated into the current relevant
curriculum of law schools, or a specialised course could be offered on
graduate and postgraduate levels. Nevertheless, for the sake of this
chapter, the focus is on the second type of AI that poses a threat to
future law graduates regarding jobs and employability. Needed skills
have to be identified, students have to be equipped with so that they
could work with machines that have human-like thinking capability.
32. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
947
The forefathers of sciences in this area introduced this particular
technology as “[The automation of] activities that we associate with
human thinking, activities such as decision-making, problem-solving,
learning ...” (Bellman, 1978). To think of a computer as a “machines
with minds, in the full and literal sense” (Haugeland 1985), or the
“study of mental faculties through the use of computational models”
(Charniak and McDermott, 1985), may be the cause for admiring
the capability of human mind replicating itself. Nevertheless, to say
“the art of creating machines that perform functions that requires
intelligence when performed by people” (Kurzweil, 1990), or “the study
of the computations that make it possible to perceive, reason, and act”
(Winston,1992)isnotmorethanamusementistodenythereality.These
definitions of AI which points to various dimensions and perspective
of the authors have made some scholars concerned about the thought
process and reasoning while others emphasise the behaviour of AI
entities. Other aspects that include the measure of success compared to
human performance and rationality afford optimism.
Lopez (2016) reported Susskind, a scholar on the matter, explaining the
role of AIs. “AI and other technologies are enabling machines to take on
many of the tasks that many used to think required human lawyers and
that’s not plateauing. It seems to be happening at quite a rate.” Susskind
has predicted that Artificial Intelligence in law will take off in the 2020s.
Thus far, many firms strive towards automation of their tasks. Hence,
AI is looked as a threat and provider of opportunity, as much to a lawyer
as it could be to any other proponent of effective and efficient service
delivery. Legal technologies referred to as AI entities and solutions,
deployed either wholly or partly in legal services and justice delivery,
are here to remain. How to use them, and for what purpose, with and
without human control, needs to be understood, so that law schools
could prepare their graduates for the task that requires human work,
make their graduates useful, and enhance further the delivery of legal
service and dispensation of justice in a fast and cheaper way.
Artificial Intelligence
33. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
948
Artificial Intelligence, Technologies
And The Future Of Law
33.3 ARTIFICIAL INTELLIGENCE: ITS USE IN LEGAL
SERVICE
Law and legal disputes are the inescapable occurrences in everyday
tasks of humans; some are there merely because of compliance with
rules of behaviour, and others happen because the actors are in and
out of courthouses. This daily necessity of human life has not gone
unnoticed by the pioneers and champions of the AI industry. To assess
the situation to prepare future lawyers for the tasks ahead of them, the
following sections offer the minimum of the current advances of the
technology and their usefulness in legal service.
The Emerging AI Technologies For Legal Service Industry
The advances in the legal technologies are impressive but not yet ideal,
which gives time to the AI industry and legal education centres to
improve the tools and prepare the potential users of the technology.
LawGeex (A general picture of such advances is illustrated by Table 1.
Table 1: Legal Technologies, their Functions, and Development
Entities
Purpose Tasks Developing Companies and Applications
Due
diligence
Contract
review, legal
research and
electronic
discovery
Kira Systems Thoughtriver Everlaw
Leverton Lawgeex DISCO
Ebrevia Legal Robo Catalyst
Coin Ross
Intelligence
Exterro
Casetext Brainspace
Discovery
Prediction
technology
Litigation
outcome
forecast
Intraspexion Premonition Legal Analytics
Ravel Law Lex Machina
34. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
949
Legal
analytics
Win/loss rates Lex Machina Ravel Law Settlement
Analytics
Document
automation
Create
filled out
documents
PerfectNDA
Intellectual
property
Analysing
large IP
portfolios
TrademarkNow SmartShell
ANAQUA
Studio
Electronic
billing
Lawyers’
billable hours
are computed
automatically
Brightflag
Smokeball
Source: https://www.techemergence.com/ai-in-law-legal-
practice-current-applications/
Techemergence (2018) reported around 35 applications to be already
in the market. It appears that both new and traditional law related
businesses and educational centres have joined to collaborate. A close
collaboration of this nature may prove to be the way in the development
of tools that could enhance work effectiveness of their organisations by
paralegals, researchers, educational centres, and litigants. Some of the
functions of these applications are explained below.
End Users, Functions And Capabilities Of AI
The primary beneficiaries of AIs are going to be paralegals, legal clerks,
legal researchers in courts, junior lawyers, and most importantly low-
ranking judges in inferior and high courts (Techemergence, 2018). How
much these groups of lawyers and machines can benefit the industry
is a matter of time, focus, and human mindset about working with
devices and/or enhancing their skills about them. Some of the features
of a selected number of AIs are highlighted below.
Globally technology firms and start-ups are concentrating on
simplification, facilitation, and modernisation of services offered by
legal firms and agencies. There exist several systems, currently used
Artificial Intelligence: Its Use In Legal Service
35. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
950
Artificial Intelligence, Technologies
And The Future Of Law
in USA and Canada for legal research with a purpose to provide fast
service to their clients. Their efficiency regarding accurate and reliably
sifting millions of documents in a matter of seconds is attested by a
360,000 man-hours job which can be done within seconds. Such a
speed helps firms with large clients to save money and time.
Different basic tasks are identified to be performed by the new
technologies. JPMorgan in the USA uses Contract Intelligence (COIN)
for review of legal documents. Kira Systems, LawGeex, and eBrevia are
other AI systems designed for legal research. Another system called
ROSS Intelligence, an IBM Watson technology is developed in Canada
for the same purpose. The Indian software CaseIQ takes things more
seriously by targeting junior lawyers in refining their briefs. The British
Casemine is another system that performs several tasks including that
for which some systems are specifically designed.
The functionality of systems such as ROSS, COIN, and others help
legal firms in their initial stages of preparation for settlement of legal
disputes before going for open court arguments (i.e, at the stage of
pleadings, and discovery). Due diligence information is the first thing
to do. ‘Litigators perform due diligence with the help of AI tools to
uncover background information.’ This include ‘contract review, legal
research and electronic discovery’ (Techemergence, 2018). Lawyers, it
is reported, perform this task on behalf of their clients to ascertain facts
and figures and accordingly assess the nature of the case before them.
If correctly evaluated, this would help them to advise their client on
what to do considering the available options according to the results
presented by AI and also advise on what action they could take.
36. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
951
Table 2: The Performance of AIs on Due Diligence Compared to
Lawyers’
Task Lawyers
results
AI
Technology
results
System
Contract review by searching,
highlighting, and extracting
relevant content for analysis
Less accurate More accurate Kira Systems
Recurrent review of the
extracting material and reading it
with other linked material
Improved
from 40-90
Kira Systems
Multi-lingual search
(20 languages)
Search on payable rent,
maintenance costs and expiration
dates from thousands of
documents and organizing them
on a spread sheet
- Accurate and
organised
LEVERTON
Extracted relevant textual data
from legal contracts other
documents to guide lawyers in
analysis, due diligence and lease
abstraction
- - eBrevia
Customized specific requirements
of firms that require thousands of
documents for rapid review
Slow and less
accurate
50 documents
per minute
10 pc accurate
eBrevia
150 attributes from 12,000
commercial credit agreements
and contracts
Equivalent to
36,000 hours
of legal work
a few seconds JPMorgan
(COIN)
Contracts, portfolio reviews and
investigations for improved risk
management
Risky
contract
identification
Fast ThoughtRiver
Policy compliant contract
identification, changing legal
content into numeric form and
reducing linguistic complexity;
recommended readings, related
case law and secondary resources,
answers with references and
citations
LawGeex,
Legal
Robot, Ross
Intelligence
Source: Techemergence, 2018
Artificial Intelligence: Its Use In Legal Service
37. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
952
Artificial Intelligence, Technologies
And The Future Of Law
On the above front, the progress and accuracy of AI technology results
is higher than that of the human mind. The technology comes down
to the aggregation of factual statements and analysis of extensive
documentation, used by lawyers to strategies their actions for helping
their clients and the courts to see strong arguments for the benefit of
respective adversaries.
Another feature of the AIs of laws is the prediction of the outcome of
the case at the end of a court hearing. This feature may seem relevant
to the American system of justice, where predictions are based on the
ideological tendency of judges. To what extent this tendency may affect
the prediction of winning or losing a case is one matter. But facts and
figures, as well as statements relevant to a new dispute presented to and
discovered by a firm, are another. A decision by claims and evaluation
of previous decisions, in addition to facts and figures of the case, are
the core on which legal analysis in any jurisdiction should depend. The
accuracy of prediction on these grounds will make the work of lawyers
easier.
Kantz (2012) viewed “Quantitative legal prediction already plays a
significant role in certain practice areas and this role is likely to increase
as greater access to appropriate legal data becomes available.” Some
main benefits of this function of AIs illustrate below the advances in this
field. Various universities’ teams tested their algorithm on a significant
number of courts cases, and their rate of success was at 79 % against
59 % by experts (Theodor, 2004), of 70.2 % (Katz, 2017), and of 79 %
(Aletras, 2016).
38. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
953
Table 3: Predictions by AIs and its Types
Prediction AIs System
Threats of litigation: high-risk documents
identification and display of risk levels,
explanation thereof
Intraspexion
Predicting the ruling of a particular judge:
Identifies outcomes based on relevant
case law, judge rulings and referenced
language from more than 400 courts
Includes feature cases, citations and
decisions of a specific judge
Time management based on courts
process and lawyers records (win rate,
case duration and type, and his pairing
with a judge)
Accuracy: 30.1
(large data and 95
variables needed)
Ravel Law,
Premonition,
Lex Machina,
Legal Analytics,
Ravel Law
Source: Techemergence 2018
The above discussion and the results have to be taken carefully. While
a machine, on a specific issue, based on qualitative data, may have
better results as the AI’s capability is enhanced (Donahue, 2018), a
quantitative data analytics based predictions for settlement purpose is
yet to be reliable. Parnell (2016) reasoned that small size historical data
and current events might have weak relationships.
The report from McKinsey Global Institute (2013) on advanced robotics
shows that ‘capable robots or robotic tools, with enhanced “senses,”
dexterity, and intelligence,’ could automate delicate or uneconomical
tasks. This is, henceforth, another area of AIs work which can provide
more authoritative and reliable briefs. This is done by uploading briefs
by lawyers to get suggestions. The machine will provide additional
documents to strengthen the arguments of lawyers in court.
Automated drafting of specific types of agreements (PerfectNDA,
Docracy, Beagle) through special software is proving their efficiency
and effectiveness which can be done according to the answers given by
a client (Techemergence, 2018).
Artificial Intelligence: Its Use In Legal Service
39. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
954
Artificial Intelligence, Technologies
And The Future Of Law
In line with the efficiency of record of the AIs, some AIs are useful
in copyrights especially patent registration process which takes a long
time to find the answer and within one year from the time of invention.
For instance, TrademarkNow gives results with the ranking of choice
within seconds. ANAQUA Studio enables lawyers to complete patent
drafting applications within a short time with accuracy. SmartShell,
another system, is designed for paralegals for ‘document reviews,
drafting, formatting and identifying issues on patent applications.’ It
is good for ‘document retrieval, bibliographic data research, examiner
remarks review, and rejection issues discovery.’
Other innovations may be the cost-effectiveness of firm management
in the area of auto billing. This system is intended for ‘reducing
disputes online items, more accurate client adjustments, (potentially)
more accurate reporting and tracking, and reduced paper costs.’
Techemergence (2018) list Smokeball, and rightflag for such bills
automation. Wolters Kluwer (2018) added compliance improvement
with billing guidelines ‘across outside counsel relationships.’ This may
have an adverse effect but seems to be popular.
Threat Or Utility?
The effect of AIs on law and the legal profession is not settled yet. While
a group considers practicing lawyers’ jobs to be immune to AIs threat,
other groups see the law to be the second to accounting. The truth may
be in between. It is found (https://willrobotstakemyjob.com/23-1011-
lawyers) that AI presents 3.5 percent threat to lawyers. Winick (2017)
on the other hand reported ‘that 22 percent of a lawyer’s job and 35
percent of a law clerk’s job can be automated’. The lack of low percentage
may be because, so far, it cannot draft documents independently, and
cannot represent clients, for both, are human tasks. One may not wish
to rely on AIs because there is the possibility of algorithm bias if AI is
used to predict reoffending. This prediction depends on the economic,
social and ethnic backgrounds (Arnold, 2018). Further, AI cannot get
the concept of justice.
The threat to paralegals and clerks as well as junior lawyers is there. Up
to this time, Wevorce, an online service provider, offers to divorcing
couples a self-guided online solution for a fixed fee of $949 excluding
court filing fees. It allows couples to reach an amicable settlement as the
40. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
955
system provides them with models and experts to guide the couples.
This is a threat that lawyers have to accept though the service is provided
halfway up to the doorstep of relevant courts.
Law is not a static discipline, and so is the AI. Both need each other. AI
can help in the effectiveness and efficiency of legal service, and the law
should allow AI to evolve in a friendly legal environment. If this is to
take place, legal education has to be improved.
Legal Educational Institutions And AIs
Ascanbeinferredfromtheabove,inthenearfuture,thelegalprofession
could have fewer young lawyers focused on traditional legal services.
We also think that the lesser the number of junior lawyers, the lesser
would be the top and experienced ones. This area, therefore, needs the
attention of legal education institutions.
The improvement of AI technology in the legal profession needs
continual concentration, as we understood from the abovementioned
bits of facts concerning progress in this area. Fresh research and training
are necessary to be offered by all universities having law programs. The
existing technologies have to be understood, to map the capabilities
of the machines. For instance, EVA the free IT service provided by
ROSS lists various branches of laws. However, its service is restricted
to facts and law. What it could or could not do has to be known and
upon such knowledge, legal innovations may be made and introduced
to the industry with further improvement. Both law and technologies
are ever evolving disciplines and therefore need regular attention and
improvement.
Changes in rules and procedures may necessitate part of evolving
studies, but most significantly the resulting change of data on legal
rules, new cases, and new issues may affect predictive nature of the AIs
in law. Simple examples, with existing precedents regarding similar
facts, could be solved easily by artificial intelligence. However, where
precedents are not clear or multiple, facts are misleadingly identical,
statutes are open-textured, duplicated and deficient, and there has
arisen a case that is not covered by the existing data, the algorithm may
do some work, but it may not be reliable or desirable in the interest of
justice. All these, therefore, requires legal educational centres to map
Artificial Intelligence: Its Use In Legal Service
41. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
956
Artificial Intelligence, Technologies
And The Future Of Law
such relevant knowledge gaps and devise strategies for finding solutions
to it. These solutions may include knowledge about the limits of AIs in
the legal profession.
Knowing the limits of robotics in law may enable educators to propose
new skills that could help future lawyers learn what useful work they
could do where robots have stopped working. For these, the future
legal education should be based on things where human should learn
and excel. Extensive university training has to be designed so that they
can produce lawyers that are trained in using AI technologies, logical
reasoning, and others.
The nature of work on AI machines, perhaps, compelled by economics
and visionary impulses, point to the quality of actions many universities
have done thus far worldwide, as we mentioned above. Some of them
are given in Table 4 below. The work of these universities may be divided
into two types which is explained below.
Table 4: Leading Universities Participating in the Development of
AI Programs
Schools Courses on Law and AIs
The New York University School of Law Competition, Innovation, and
Information Law Program
The GWU Law School Copyright, trademark, communications,
e-commerce, biotech, etc.
George Washington University Law
School
Patent the Bell telephone, Mergenthaler
typewriter, and Eastman film cameras
West Coast, Stanford’s LLM in Law,
Science Technology (LST)
E-commerce, cybersecurity, biotech,
health sciences, and intellectual property
Beijing’s Renmin University Cross-disciplinary lectures in fintech
and blockchain, while courses such as
Introduction to Big Data Analytics
Tsinghua University Masters in Law and Computing Program
The application of big data and AI in the
legal industry. networks, big data, and
artificial intelligence
University Of Minnesota Law School Law Artificial Intelligence
University of Pittsburgh School of Law Law and AI (Artificial Intelligence)
Sources: Authors’ Compilation
42. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
957
Educational Institutions of Law and Computers are involved in
developing AI technologies, and at the same time educating their
students to learn to work with new technology so that the efficiency
of the workplace can be achieved. The vision is of the Augmented
Intelligence or of Human-Computer Interaction, whereby machines
and humans could work collaboratively (Sharples, 1996). It is the thing
of today, and the future of the legal profession to be run by men is not
certain, as work is in progress to produce robot lawyers and judges. In
this environment, the current results are achieved, and the following
universities perhaps envision the future.
The University of Pittsburgh School of Law has introduced an LLB
course whereby AI graduate students and law undergraduates together
attempt to design computer programs capable of performing legal
reasoning or solving legal problems. The graduates introduce law
students to the basics of AI, and the law students help the graduate
student understand the legal reasoning. They develop models, conduct
experiment on how their newly developed programs are performing.
They also introduce students to new technologies for legal information
retrieval and e-discovery. The US universities, e.g, Harvard and few
others have been able to develop their technology-based programs for
legal innovation and their graduate in junior positions are benefiting
from it. Hence, on the one hand, they develop technology and on the
other hand train their students.
Indeed, with the introduction of EVA (the free IT service provided by
ROSS lists various branches of laws) and other similar systems existing
in the market, and their free online services, in a very short term,
universitiesmaybeabletoincorporatetheuseofthistechnology,orbear
its costs, either in an integrated or focused manner. The technologies
may cover substantive and procedural matters. These legal programmes
would enable future generations of law graduates to acquire the skill
of using technology and enhance the capabilities of doing things
that the machines are unable to perform. With this, the information
management may be achieved by machines, the connections of dots,
the results of AI research will still need the skill and capability of
sound logical reasoning which may sway the court in favour of a client
represented by a competent and skilful lawyer. These benefits should be
universal and should also be the focus of law schools, legal profession,
and law agencies in Malaysia and any other developing country.
Artificial Intelligence: Its Use In Legal Service
43. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
958
Artificial Intelligence, Technologies
And The Future Of Law
33.4 LEGAL EDUCATION AND THE MALAYSIAN
LEGAL SERVICES SECTOR
In Malaysia, AI at this point is not considered a threat. Instead, office
automation is viewed as a helping hand. It is a modernising thing that
may make lawyers look attractive to their clients, even though it could
be at a minimum. For judicial clerks assisting judges to be efficient in
managing their office work, legal research, and to be active in serving
their clients, AIs look ideal. Technological advances of the legal
profession, at par with that in other countries, have not yet attracted the
full concentration of the gatekeepers of the profession or governmental
agencies.
Law journals and reporters do have digitised data of all reported and
unreported cases from the superior courts of Malaysia and have the
capability to cater for basic and a Simi advanced search. The search
capabilities are helpful to a minimal point. Their results cover the
reported cases and are unhelpful in finding the existing judge-made
law on a given point. These results are useful for research on a specific
point but cumbersome in general, as it shows relevant and irrelevant
data at the same place. In the Tech industry, start-ups such as LexTech
which began in 2016 is determined to introduce innovations to the
legal industry. Hence, unlike the situation in the US and England, they
promote applications and innovations made by lawyers. Other products
mentioned above are not listed on their web page. Both the data from
journals and Tech industry, therefore, have a long way to be ideal.
On adverse, it is reported that Malaysia does not have a friendly
policy and regulatory environment for introduction and promotion
of legal technologies that could be at par with Singapore. In the
opinion of the President of the Malaysian Bar Council, technology
may arrive slowly (The Star, 2017). The reason for this was the lack of
understanding of technology by lawyers which he hoped with proper
education, the fraternity may realise that technology would help them
to be more productive. This pushes the ball to the universities to be
the leaders of AIs role in the legal profession of Malaysia. Nevertheless,
few universities offer pure AI courses for graduate and postgraduate
students in Malaysia which indicate that the existence of AI technology
44. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
959
in Malaysia is at its infancy stage. To make these universities leap
further into programmes to be law specific may take time. However,
it seems that the legal profession is open to technological innovations.
Several parties need to lead the effort towards the introduction of AIs
to make the legal profession more efficient and effective.
33.5 PROSPECT OF AI APPLICATION IN MALAYSIAN
LEGAL EDUCATION
The single fact established by the preceding discussion was that in
no small extent the AIs in legal profession improved effective service
delivery with efficiency. To enhance the legal service, both the
Government and the professional body concerned need to make a
concerted effort.
The vision may begin by the chambers of Attorney General (AGC), Bar
Council and Judiciary and/or by all of them. The AGC as an end user
of the AIs technologies may save time and money if they could adopt
robotics in their legal research, law revision, and other tasks related
to the enforcement of laws throughout the country. The same would
be true if the Bar Council take the role of coordinator, promoter, and
facilitator and encourage its members to welcome the modernisation
of the legal profession. What is needed by the lawyers in the AGC and
the legal profession, is also required by courts in their legal research
and finding the most reliable and logical strong deducted or inducted
rules of law established by their peers in the past within or outside the
jurisdiction? Recognition of reliable services and making decisions
based on machine analysis and prediction would open many doors for
the innovation of the legal profession and their services.
Modernisation of the legal profession through technology needs more
thanjusttransformationofthemind-setofthepolicymakers.Inaddition
to the above task, there is a need for incentive and encouragement by
the policymakers, which may be tax rebated in time, and in the other,
it may involve direct funding of in-house or contracted research in
the area or development and production of real tools. The contracts
for such tool development could be done by the private sector and
Prospect of AI Application
In Malaysian Legal Education
45. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
960
Artificial Intelligence, Technologies
And The Future Of Law
also universities of the country. The Malaysian universities could be
more proactive, irrespective whether or not their computer-related
educational programs are general or specific, and whether they work
alone or with others in a real interdisciplinary manner. In addition to
research and development, the university may owe a duty to the nation
to provide a far-sighted educational service to their students. This will
include getting new legal technologies, developing them, and using
them in their classrooms and computer labs to enable the graduates to
have all the skills that make them successful and competitive.
Thelegalfraternityincludingdraftersofstatutes,lawyers,andjudgeswas
recognised to be the stakeholders and beneficiaries of the complexity of
legal rules and their linguistic jargons. This bias may be eliminated by
the introduction of legal robotics and AI technologies, thereby making
legal advice cheaper and democratic. If AI could have the capability to
make the work of hundreds of hours of work by lawyers, a good public
service could be delivered to the members of a given society.
The path towards the application of AI in the legal services sector in
Malaysia can be achieved through the efforts of institutions within and
outside the Government. Such efforts must embrace interdisciplinary
collaboration, research and ingenuity on the part of the judiciary,
lawyers, law teachers and students.
One of the institutions of paramount importance is the Bar Council
Malaysia which was established under the Legal Profession Act 1976 to
protecttheinterestofthelegalprofessionandthepublicinMalaysia.Asa
body comprising of approximately over 21000 members, it is important
that the Bar recognises the need for some aspect of AI technologies in
legal training and legal services for the lawyers. In addition, one of the
objectives of the Malaysian Bar is to facilitate the acquisition of legal
knowledge by members of the legal profession. It appears that legal
knowledge has exceeded the bounds of law discipline and some aspects
of technology has become the mainstay of legal service. In partnership
with the AGC and other stakeholders, the Malaysian Bar can also lead
the drive towards educational reform to include legal technologies
in the training of law students. However, the Malaysian Bar can only
offer top-down approach through its members but the law schools and
educational institutions have a bigger role to play.
46. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
961
A bottom-up approach is required in the training of aspiring lawyers
from the law schools in Malaysia. This is through the incorporation of
certain compulsory or elective courses in the university curriculum. In
order to achieve this, university lecturers must improve their emphasis
on collaboration and common ground between technology and law
research. In the age of social media and disruptive technology, law
students could be willing collaborators in Artificial Intelligence and
relationship with law subjects.
A major constraint to the teaching of technology and law subjects is
the non-scientific nature of legal training. Therefore, it is necessary for
law teachers to foster collaborative research through interdisciplinary
projects involving technology experts. This can be achieved through
research grants in collaboration with experts in computer sciences.
Law students should be encouraged to join the entrepreneurship and
start-up ecosystem in Malaysia to create innovative tools in solving
law-related problems. For these, the future legal education should
be based on things where human should learn and excel. Extensive
university training has to be designed so that they can produce lawyers
that are trained in using AI technologies, logical reasoning, and others.
33.6 MODERNISATION OF LEGAL EDUCATION
The most important part of a university obligation towards its students
of laws is to equip them for the future job market, both domestically,
and in the global arena where jobs are for grabs if the applicant is
soundly educated both in legal discipline and other related areas of
market needs.
National legal and judicial services are often subject to criticism for its
delayed delivery of services to the public. Such a critique sometimes is
muted by the lack of financial resources available to the public servants
and judiciary. Delayed justice is as bad as the lack of justice when the
enforcement of obligation is essential to the survival and sustenance of
the victim of actionable wrongs. This is not sufficient in the age of AI.
But an AI may not be effective if the machines are not appropriately
handled.
Modernisation Of Legal Education
47. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
962
Artificial Intelligence, Technologies
And The Future Of Law
The legal profession is a business as much as it is the dedication of legal
professionals to a just system of law. A law faculty needs to endorse
both aspects of the legal profession in its curriculum. This should be
seen in the graduates of the law school.
Good graduates are needed for a legal firm, to contribute to society
provided that the firm could sustain itself economically and
intellectually, which can be so if the firm could be effective and efficient.
However, it is questionable, now, whether or not the current educational
system in law schools could contribute to the efficacy and efficiency of
the public and private legal entities and firms. For these reasons the
following techno legal knowhow has to be cultivated in the professional
capabilities of fresh graduates of law schools in the following areas.
Rights and Liabilities
Often data protection is the main buzzword of the town. Rights and
liabilities related to the ownership of data is part of the whole story.
Other matters include the violation of personal freedoms by the
surveillance industry such as data collectors, storers, operators, and
the users of such personal data to gain an unfair advantage through
such use of the data. In AI-related activities, the legality of the work
performed by machines, damage and injury it causes due to negligent
creation of an algorithm, the manufacturers, and end-users of these
machines.
The Management Related Know-How
The recent survey in some countries indicates that law firms have
legal technology, the majority of which do not provide training to
their members. The lack of training in law firms, therefore, should be
understood to be based on an expectation that the law schools have to
prepare their students. Assuming this to be the case, the law students
who wish to join private firms should know the following areas:
The digitalisation of data, voice recognition technology, cloud storage,
virtual office and its advantages and disadvantages are the basics that
a fresh graduate has to know. As online presence may expose legal
firms and their clients to cybersecurity risks, students need to know
48. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
963
the risk of virtual presence and the means how to avoid it. For instance,
familiarity with backup software’s help the future lawyers protect their
data so that ransom seekers will not affect them.
Blockchain technology is the future and demands the presence of
lawyers. One who understands the technology and is present at this
platform may benefit his firm and clients in the area of smart contracts,
mediation,insurance,finance,decentralisedautonomousorganisations,
smart real estate transfers and dealings. Policy and regulatory needs
are part of this technology. Therefore, if the university could train its
students in this area, they certainly would have an advantage over
others.
The introduction of AIs without proper training of firms’ members does
not help them perform effectively. Therefore, the training of students
in this type of technology is necessary. The relevant technologies, in
which students need training, include documents’ review, documents’
analysis, documents’ summary, case briefs, case and facts management,
contracts’ analysis, and prediction of the outcome of a given litigated
case. Though these functions of AIs are available, however, they can be
productively used if lawyers could fine-tune them further. University
may help students to acquire the skill of using these technologies and
henceforth fill the gap where skilled members of a law firm are at a
minimum.
Future university students have to be familiar with communication
technology, auto document-capture and workflows software so that
they can use it for contact with new clients, notification to the existing
clients, and e-discovery with audio and video capabilities especially
those who have opted for a virtual office. The skill of communication,
redaction, and encryption of communication is another need for a
firm. Such skill must be viewed as necessary where a firm has virtual
presence.
Firms that use advanced technology which is complicated may face
a severe breakdown. The lack of training and to whom to turn to for
training may affect the productivity of small and solo firms seriously.
A law school, therefore, could help its graduates in acquiring this
knowledge and skills and help them succeed in the place of work.
Modernisation Of Legal Education
49. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
964
Artificial Intelligence, Technologies
And The Future Of Law
Students perhaps need to be trained in practice management, planning,
budgeting, and their execution. There exist many tools in some firms.
This software includes built-in accounting, timelines, document
management systems, and collaboration tools. How this software
work and how lawyers can use them should be part of the law schools’
curriculums.
Marketing of a firm and its main areas of specialisation have to be made
known to the members of the public. Be a solo firm or partnership
of two or more lawyers, they need a website. Most clients would do
an online search and this will help firms to be visible and may have
strong recommendations from the existing and previous clients, which
help the firm attract new clients. Marketing technology and knowing
how and when to use it may enable new solo firms when they do not
have the luxury of market connections. Students need to know the
basics of marketing, especially online so that they can use it effectively
when necessary and save time and money when some services can be
delivered to whom he/she needs it.
33.7 CONCLUSION
Legal technology has evolved and continues to improve the workplace
of lawyers and the legal fraternity. Although Malaysia has not benefited
from the technology fully as yet, the era of tech-savvy lawyers is not far
away. Based on such likelihood of legal profession in the future, fresh
graduates are expected to have such knowledge and skill. Therefore,
Malaysian universities have a moral obligation to train their students in
legal and technological skills.
50. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
965
References
Sharples, M. (1996). Human-Computer Interaction. Artificial Intelligence,
Handbook of Perception and Cognition, Pages 293-323
Katz, D. M. (2012). Quantitative Legal Prediction—or—How I Learned to Stop
Worrying and Start Preparing for the Data-Driven Future of the Legal Services
Industry, Emory Law Journal. Vol. 62:909.
Theodore W. Ruger, Pauline T. Kim, Andrew D. Martin and Kevin M. Quinn,
2004). The Supreme Court Forecasting Project: Legal and Political Science
Approaches to Predicting Supreme Court Decisionmaking. Columbia Law
Review Vol. 104, No. 4 (May,), pp. 1150-1210.
Katz DM, Bommarito MJ II, Blackman J. (2017). A general approach for
predicting the behavior of the Supreme Court of the United States. PLoS ONE
12(4): e0174698. https://doi.org/10.1371/journal.pone.0174698
Aletras N, Tsarapatsanis D, Preoţiuc-Pietro D, Lampos V. (2016). Predicting
judicial decisions of the European Court of Human Rights: a Natural Language
Processing perspective. PeerJ Computer Science 2:e93 https://doi.org/10.7717/
peerj-cs.93
Anonymous, (2018). AI in Law and Legal Practice – A Comprehensive View
of 35 Current Applications. techemergence. https://www.techemergence.com/
ai-in-law-legal-practice-current-applications/
Lopez, I. (2016). But What About Lawyers? A QA With Richard Susskind
on AI in Law. Legaltech News. https://www.law.com/legaltechnews/almID/
1202763509782/?slreturn=20180912204948
Parnell, R. (2016). When Big Legal Data isn’t Big Enough: Limitations in
Legal Data Analytics. Online available at https://settlementanalytics.com/
wp-content/uploads/2016/09/When-Big-Legal-Data-Isnt-Big-Enough-
Limitations-in-Legal-Data-Analytics.pdf accessed on 1/10/2018.
McKinsey Global Institute Report (Manyika, J.; Chui, M.; Bughin, J.; Dobbs,
R.; Bisson, P.; Marrs, A.,) (2013). Disruptive technologies: Advances that will
transform life, business, and the global economy. Online at https://www.
mckinsey.com/~/media/McKinsey/Business%20Functions/McKinsey%20
Digital/Our%20Insights/Disruptive%20technologies/MGI_Disruptive_
technologies_Executive_summary_May2013.ashx Accessed on 2/10/2018.
References
51. FOR ACADEMIC
REPOSITORY
PURPOSES
ONLY
966
Artificial Intelligence, Technologies
And The Future Of Law
Wolters Kluwer, (2018). Artificial Intelligence and the Legal Profession. Online
at https://wolterskluwer.com/company/newsroom/news/2018/05/artificial-
intelligence-and-the-legal-profession.html Accessed on 2/10/2018.
Donahue, L., (2018). A Primer on Using Artificial Intelligence in the Legal
Profession. JOLT Digest. Online https://jolt.law.harvard.edu/digest/a-primer
-on-using-artificial-intelligence-in-the-legal-profession Accessed on 2/10/2018.
LawGeex, AI vs Lawyers | The Ultimate Showdown | LawGeex.com
https://www.lawgeex.com/AIvsLawyer.html?utm_source=googleutm_
medium=cpcutm_campaign=Global_sch_ai_vs_lawyersutm_
adgroup=56678748910device=cplacement=utm_term=%2Bai%20%2Blawy
ergclid=EAIaIQobChMI67HTpayE3gIV1gorCh1pngp-EAAYASAAEgLQa_D_
BwE
Winick, E. (2017) Lawyer-Bots Are Shaking Up Jobs. Intelligent Machines.
MITTechnologyReview.Onlinehttps://www.technologyreview.com/s/609556/
lawyer-bots-are-shaking-up-jobs/ Accessed on 2/10/2018.
Wevorce, https://www.wevorce.com/
Arnold, A. (2018). Can AI Help Us Predict And Prevent Crimes In The Future?
Forbes. https://www.forbes.com/sites/andrewarnold/2018/04/21/can-ai-help-
us-predict-and-prevent-crimes-in-the-future/#297f350c5d9a
Cox, A., Pinfield, S. and Rutter, S. (2019), “The intelligent library”, Library Hi
Tech, Vol. 37 No. 3, pp. 418-435. https://doi-org.ezlib.iium.edu.my/10.1108/
LHT-08-2018-0105
View publication stats
View publication stats