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University Useful information for prospective law students, A basic guide to become a lawyer

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TSschizophrenic
post May 31 2009, 03:19 PM

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QUOTE(VinluV @ May 31 2009, 06:41 AM)
hi guys,

can i know is there an online version of

Malaysia cyberlaw
Digital Signature Regulations 1998 P.U.(A) 359

as i cant find the whole paper, just some explanations here and there.

thanks in advance
*
http://www.skmm.gov.my/the_law/NewAct/Act%...ua0359y1998.htm
TSschizophrenic
post Jun 1 2009, 11:52 PM

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QUOTE(edennature @ Jun 1 2009, 07:37 AM)
what is meant by -twelve months articles of apprenticeship or complete two years articles of clerkship.


Added on June 1, 2009, 3:49 pmthere are how many types of lawyer?like criminal lawyer..etc
*
In the future, please quote the full source. It will make the explanation easier.

articles or clerkship or articles of apprenticeship is a form of apprenticeship under a master (who is a professional) and I would assume in this context, a legal practitioner (normally a barrister).

Did you obtain this from one of the Australian State Bar's site or an Aussie Uni's site?


Added on June 1, 2009, 11:55 pm
QUOTE(edennature @ Jun 1 2009, 12:18 PM)
can we specialize more than one?
*
For you to understand the profession better, it is best if you read up in wikipedia on the distinction between a barrister and a solicitor before looking at it as a fused profession.
In a fused profession, their roles are merged. You can specialise in more than a particular area of law but you would be defeating the entire purpose of practitioners practising as a barrister. But if you do not practise in more than a particular area, then you would not be practising as a proper solicitor as well. So do read up on the distinction and give your question some thought.

The simple answer is, it is possible. Then again, it is best if you are able to reach this conclusion yourself. Therefore, do read up .smile.gif

This post has been edited by schizophrenic: Jun 1 2009, 11:55 PM
TSschizophrenic
post Jun 2 2009, 10:01 AM

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QUOTE(edennature @ Jun 2 2009, 12:31 AM)
how the customers know you are specialized in certain field?
*
word of mouth, reputation, advertisement (or Bar Council's Sitehere), among other things.

This post has been edited by schizophrenic: Jun 2 2009, 10:02 AM
TSschizophrenic
post Jun 2 2009, 10:51 AM

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QUOTE(edennature @ Jun 2 2009, 02:30 AM)
i saw some books like contract law in malaysia,Civil Practice in malaysia.
why there is 'malaysia' word?
*
:-)

I guess this is a good time for me to plead res ipsa.


Anyway, I'll pose a few questions for you.

Does everything in contract law apply in a uniform manner globally?
Does the Civil Procedural Rules apply in the same manner?
Does enforcement methods for a civil judgment apply the same way globally?
TSschizophrenic
post Jun 2 2009, 04:06 PM

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QUOTE(wornbook @ Jun 2 2009, 06:34 AM)
Res ipsa loquitar?
*
yea
:-)


Updates to page 1

Added link
A consideration for foreign practitioners entering the legal profession in Malaysia

This post has been edited by schizophrenic: Jun 3 2009, 10:11 AM
TSschizophrenic
post Jun 7 2009, 11:07 AM

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QUOTE(silverfoxes @ Jun 6 2009, 10:46 PM)
loquitar or loquitor??
*
loquitur

I wouldn't really bother much about it. In practice, it will become apparent when you are drafting your particulars of claim. You do not specifically say that you are relying on res ipsa. It is obvious based on your PoC.

Moreover, it is common practice to just call it res ipsa.
smile.gif

For academic purposes, follow what your textbook tells you.


Added on June 7, 2009, 11:10 am
QUOTE(edennature @ Jun 6 2009, 04:13 AM)
Is there any different if i pursue law in australia instead of england?
*
This is something that you should verify with the Legal Profession Qualifying Board (should you intend to practise law).

:-)

The most important thing is the recognition of your qualification by the Board.

Further to that, you might want to consider if you intend to practise law in Malaysia or Australia.

Do check with the appropriate State that you intend to practise law in.

Also, do note that even if you are a qualified legal practitioner in Australia, the Board may require you to sit for a qualifications exam(currently CLP) so that you can proceed with pupillage in Malaysia.



This post has been edited by schizophrenic: Jun 7 2009, 11:10 AM
TSschizophrenic
post Jun 7 2009, 05:56 PM

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QUOTE(edennature @ Jun 7 2009, 09:28 AM)
graduates from bvc do not need to pupilage in england.But is it difficult to enter BVC?
*
At present, it is still an even chance of entering. Although most people said that it is easy, I do know quite a number of students who failed to secure a place on the BVC.

In addition, refer to the first page on the proposed Bar Professional Training Course.

:-)
TSschizophrenic
post Jun 7 2009, 10:02 PM

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QUOTE(edennature @ Jun 7 2009, 12:41 PM)
to increase the chance,i can send all application to uni that offer bvc.For transfer degree,Bac or help uni better?
*
The BVC Online Application allows you to apply for all the providers
However, You will only be able to select the top 3 for the first round offers. The rest will go to the second round pool system.

The providers will be able to identify their priority in your selection. Therefore, it is more likely that you will be able to get your first choice than your third choice. However, other considerations will be taken into account by them.


As for the programme in BAC or Help, you should consider asking opinion from others.

I normally(at least I try to) refrain myself from expressing my views on those matters.

I believe that it all comes down to your personal choice. :-)
TSschizophrenic
post Jun 8 2009, 01:26 PM

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QUOTE(edennature @ Jun 8 2009, 02:44 AM)
Year 1

DL1    Legal Method & Systems
DL2    Law of Contract
DL3    Constitutional & Administrative Law
DL4    Criminal Law
DL5    Legal Skills

These are the subjects that offered by help uni in year 1. i go to uk university like cardiff in year 2,but they only offer law of tort during their year 1.How to cope this problem?
*
Considering that Tort is one of the core papers in LL.B, you would have to sit for it wouldn't you?
:-)

If you did not take it prior to transferring to another University then you would probably have to take it one way or another in the new university wouldn't you?



TSschizophrenic
post Jun 8 2009, 03:56 PM

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QUOTE(edennature @ Jun 8 2009, 06:01 AM)
but most of the universities teach tort in year 1.thats mean i have to take it during 2nd or 3rd year


Added on June 8, 2009, 3:23 pmis there any differences between clp and barrister-at-law?i know barrister is prestige.Hence,CLP holders will be looked down or not?
*
As regards your second question, I would personally say no. The training given is different. :-)

It is also unfair to ask this question because a CLP grad or even a local grad would 'normally' have the tendency to support CLP holders where as a barrister-at-law would think that their training is much better.

Therefore, this is somewhat a forum non inconveniens for that matter.



TSschizophrenic
post Jun 8 2009, 05:52 PM

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QUOTE(edennature @ Jun 8 2009, 08:49 AM)
criminal case is under litigation?


Added on June 8, 2009, 5:21 pmUnder such circumstances, the alternative qualification for purposes of being admitted to the High Court of Malaya would be
:

Graduate of a local university;

Holder of a Certificate of Legal Practice (CLP) held by the Legal Qualifying Board of Malaysia

and in the cases of Sarawak, either

a graduate of a local university/holder of CLP/Australian graduate who has been called to the Bar.

The last word Bar is for australian bar?
*
Under what circumstances?
Where did you get that quote from?

I do not know about the case in the High Court of Borneo. I normally presume that it would be dependent on the qualification being in the gazette. As far as I am aware, the Australian Bar is not included in the gazette.

TSschizophrenic
post Jun 9 2009, 12:29 AM

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QUOTE(edennature @ Jun 8 2009, 02:43 PM)
start from 2008,the bvc graduates have to pupilage before they are given a title barrister-at-law.am i wrong?


Added on June 8, 2009, 10:53 pmdispute resolution also includes criminal case?
*
No
The Bar Standards Board has decided not to implement Sir David Clementi's proposal on deferral of call.



TSschizophrenic
post Jun 11 2009, 09:07 AM

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There is an event that might be of interest to those reading this thread.

QUOTE
Forum Name: eLawyer - Exabytes Penang Bloggers & Law Forum 2009
Date: 27 June 2009
Time: 9.00am – 12.30pm
Fees: F.O.C.
Venue: Dewan Kuliah G31, Pusat Pengajian Sains Komputer, Universiti Sains Malaysia (USM), Penang Campus (Landmark Masjid USM).
Language: English
Organiser: www.eLawyer.com.my
This event is exclusively sponsored by www.exabytes.com.my - the No.1 web hosting company in Malaysia

Topic 1: Bloggers & Copyrights Laws
Speaker: Mr. Foong Cheng Leong (Cheng Leong)
Brief profile: Cheng Leong is a practising lawyer in KL. He specialises in intellectual property laws practice. He is an active blogger and owner of www.xes.cx. Cheng Leong started blogging since 2001. He speaks frequently on intellectual property and internet laws.

Topic 2: Bloggers & Malaysian Communications and Multimedia Commission Act 1998 (MCMC Act) and rules and guidelines of MCMC
Speaker: Mr.Shamsul Jafni Shafie (Sam)
Brief profile: Sam is the former director of Security, Trust and Governance Malaysian Communications and Multimedia Commission. He was also the Work Area 5 Leader on “International Cooperation” to draft the Global Cybersecurity Agenda for the International Telecommunication Union (ITU) - http://www.itu.int.

Topic 3: Bloggers & Defamation Law
Speaker: Mr. Stephen Tan Ban Cheng (Stephen)
Brief profile: Stephen is a journalist-turned-lawyer. Currently, he is a practising lawyer in Penang. Stephen was a senior journalist in the famous local newspaper including New Strait Times and the Star for more than 20 years.

Moderator: Mr. Khairul Anuar bin Shaharudin (Kruel)
Brief profile: Kruel is the cybername for Khairul, who is a practising lawyer in KL and an avid bloggers. Kruel participated in numerous bloggers events and his blog Legal Cat-asthrophereceived well comments from the bloggersphere in Malaysia.

Registration: The admission to this Forum is FREE. However, due to limited seat, please R.S.V.P by sending your details (Name, Tel, Email, Occupation and Company/School) to forum@elawyer.com.my before 24 June 2009 or call 03-2782 5399 for more information


Source (with permission) http://www.elawyer.com.my/blog/elawyer-exa...law-forum-2009/

This post has been edited by schizophrenic: Jun 11 2009, 09:08 AM
TSschizophrenic
post Jun 11 2009, 07:07 PM

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QUOTE(edennature @ Jun 11 2009, 04:32 AM)
i want to use LLB external result for entry 2nd and 3rd year in uk university.Is it hard to enter?
*
It isn't hard to enter certain Universities.

It depends on their admission policy and your results in your 1st and or 2nd year.


TSschizophrenic
post Jun 14 2009, 03:59 AM

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QUOTE(edennature @ Jun 13 2009, 02:06 PM)
the twinning arrangement between australian universities and local colleges must consist of maximum two academic years of study in malaysia.I cant understand the term 'maximum'
*
'Maximum' is defined as :-

1. the greatest quantity or amount possible, assignable, allowable, etc.
2. the highest amount, value, or degree attained or recorded.
3. an upper limit allowed or allowable by law or regulation.
4. Mathematics.
a. Also called relative maximum, local maximum. the value of a function at a certain point in its domain, which is greater than or equal to the values at all other points in the immediate vicinity of the point. Compare absolute maximum.
b. the point in the domain at which a maximum occurs.

http://dictionary.reference.com/browse/maximum

:-)

This should answer your question.


TSschizophrenic
post Jul 2 2009, 08:29 AM

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QUOTE(Laguna @ Jul 1 2009, 01:30 PM)
You may want to email the Malaysian bar council ?
*
He should contact the Qualifying Board and not the Malaysian Bar.
TSschizophrenic
post Jul 2 2009, 06:52 PM

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QUOTE(lung5488 @ Jul 2 2009, 09:49 AM)
Hi Schizophrenic

Is Stpm or its equivalent a must as part of its requirements? What are its equivalents? I have gone straight to Foundation Studies and Diploma of Business after my SPM.
Cheers
*
Yes it is a must for purposes of CLP.

Foundations are not normally recognised as equivalent to STPM but do verify with the Qualifying Board.
TSschizophrenic
post Jul 25 2009, 10:17 AM

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QUOTE(neko-gurl @ Jul 20 2009, 03:56 AM)


Added on July 20, 2009, 12:09 pm


Alternatively, look at the Legal Profession Act 1976. You can find this act in the Bar council website OR the AG's Chamber's Website (where they have all the acts of Malaysia there). In the Act, they will dictate what universities are exempted, what are recognised, and so forth, it should be able to cover all your queries regarding whether or not you qualify to be called to the bar.
Correction: The Act does not dictate all the information. Look at the definition section (section 3 of the act), specifically, who is a qualified person. The Act tells you the specifics for paragraph a and b but it gives the Qualifying Board the power under paragraph c to recognise additional qualifications. These additional qualifications are not contained in the Act and its updated list is always with the Qualifying Board because they are the ones recognising the qualifications and NOT the Bar Council.

To understand more on the composition of the Qualifying Board, please refer to the Act itself.

:-)

TSschizophrenic
post Jul 29 2009, 11:38 AM

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QUOTE(edennature @ Jul 27 2009, 05:18 AM)
if i wan to be lawyer,will mufy be recognized?
*
At this point, No if you intend to take the CLP exams.
TSschizophrenic
post Jul 30 2009, 02:03 AM

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QUOTE(edennature @ Jul 29 2009, 09:36 AM)
is this only applies on west malaysia?
*
I do not know if it applies only to west Malaysia.

However, do note that the CLP exam is conducted by the Qualifying Board.

Therefore, if the Qualifying Board does not allow you to register for CLP exam then it would be pointless even if it is recognised in East Malaysia.



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