Certificate in Legal Practice
Modes: Full Time, Part Time or Distance Learning
Since 2005, BAC students have made a clean sweep of the Tun Hamid Omar Foundation Award which is presented to the Best Overall CLP Student in Malaysia. BAC students have also secured 60 out of 78 book prizes and obtained 60 out of 80 second uppers awarded nationwide over the past 11 years.
BAC has truly cemented its position as a reputable law school in Malaysia thanks not only to its phenomenal CLP track record but also its excellent results at the Cambridge International Examinations A-Level and the LLB. The success of BAC’s students demonstrates the college’s commitment to providing an exceptional educational experience.
BAC’s renowned faculty of highly qualified academic and significantly experienced practitioners has been touted as an important to its students. Together with meticulously researched and prepared learning materials, the online learning portal and round-the clock support BAC undertakes every effort to help students realize their true potential.
BAC aims to further augment their students’ credentials through continuous innovation and development of programmes, thus ensuring their future success.
The Certificate in Legal Practice, or more commonly known as CLP, is a course and examination taken by foreign university law graduates in order to become qualified advocates and solicitors in Malaysia. The examination is conducted by the Legal Profession Qualifying Board of Malaysia and is governed by the Legal Profession Act 1976.
Be a Malaysian citizen or a Permanent Resident of Malaysia;
Minimum 3 credits at SPM / GCE O-level or equivalent;
Minimum 2 passes at STPM / A-Level or equivalent; and
A law degree recognised by the LPQB.
Mature students are required to have:
• Minimum 3 SPM credits or equivalent;
• 5 years of meaningful and proven work experience;
• A recognised law degree
INTAKE & EXAMINATION:
BAC’s CLP intake commences in September every year and revision classes commence in March.
The CLP examination is held annually in July.
Modules and Learning
ASSESSMENT: Purely by examinations which are conducted in July. Referral Papers are usually conducted in October.
1. General Paper
This paper consists of two main parts, namely
In the examination candidates may be required to:
- advise on evidence, liability and procedure
- advise on remedies
- draft pleadings
For this paper, candidates are not permitted to bring any statute into the examination hall.
The Tort syllabus requires students:
- To have a good knowledge of the principles of the tort of negligence (including occupiers liability) and the defences there to
- To know the provisions relevant to personal injury and fatal accidents cases in the Civil Law Act 1956
- To be able to advise on the issue of liability
- To be able to advise on damages for both personal injuries and causing death
- To be able to draft pleadings.
The main statutes here are the Contracts Act 1950 and the Specific Relief Act 1950 (Revised 1974).
The Contract syllabus requires students:
- To have a good background knowledge of the Malaysian law of contract
- To have a good understanding of the Contracts Act 1950 and the Specific Relief Act 1950 (Revised 1974)
- To be able to advise the plaintiff on whether he has a cause of action
- To be able to advise on remedies for breach of contract. These would include damages, specific performance, injunction and rescission
- To be able to draft pleadings
2. Criminal Procedure
Criminal Procedure is that part of adjective law which provides for the process within which the principles of criminal law operate. The main objective of criminal procedure is to provide the rules, practices and procedures to ensure a proper and efficient administration of criminal justice. The main statute for this subject is the Criminal Procedure Code (Act 593) and candidates are allowed to take an unmarked copy into the examination hall.
The Criminal Procedure syllabus requires students:
- To understand criminal procedure in Malaysia from the stage of arrest to the stage of appeal or revision.
- To understand the various procedures, power and practices that govern criminal proceedings in Malaysia.
- To have a thorough understanding of the Criminal Procedure Code (Act 593) and the amendments made to it
- To have a good understanding of the Child Act 2001 which came into force on 1st August 2002. The Child Act has repealed the Juvenile Courts Act 1947 and the Child Protection Act 1991.
- To have a good understanding of all provisions relevant to criminal procedure in the statutes mentioned below.
For the examination, candidates have to draft charges, prepare papers on appeals and to advise on the law.
- Recommended Reading Material
Criminal Procedure, The Brickfields Complete Guide Series
Other than the Criminal Procedure Code (Act 593), candidates are required to have a good understanding of all provisions relevant to criminal procedure in the statutes mentioned below:
- Police Investigations
- Powers of the Public Prosecutor
- Transfer of Cases
- Initiation of Proceedings in Court
- Impeachment Proceedings
- Summary Trials
- High Court Trials
- Appeals and Revision
3. Civil Procedure
Civil procedure regulates the procedure in civil cases. Candidates are allowed to take an unmarked copy of the Rules of the High Court and the Subordinate Court Rules into the examination hall. The Rules of the High Court are divided by subject matter into ‘Orders’ and apply to all proceedings in the High Court.
The Subordinate Court Rules 1980 are also divided by subject matter into ‘Orders’ and apply to all proceedings in the Sessions or Magistrates Court. Each Order is divided into rules and sub-rules.
The Civil Procedure syllabus requires students:
- To have a good understanding of the procedure governing the various stages of a trial from the stage of the mode of commencing civil proceedings in the High Court and the Subordinate Courts up to the stage of judgment
- To be familiar with the enforcement of Judgments and Orders
- To be familiar with the procedure for appeals
- To be familiar with the Orders in the Rules of the High Court 1980(RHC) and the Subordinate Court Rules 1980 (SCR) and the amendments
- To have a good understanding of all provisions relevant to civil procedure in the Subordinate Courts Act, the Courts of Judicature Act
- To have a good knowledge of decided cases on civil procedure
To be familiar with the ‘Practice Directions’
In the examination, candidates will be required to answer 4 out of 6 or 7 questions set.
- Civil Courts and their Jurisdiction
- Modes of Originating Process
- The Writ
- Originating Summons (High Court)
- The Summons (Subordinate Courts)
- Appearance and Default Judgment
- Summary Judgment
- Payment into Court
- Third Party Proceedings
- Interpleader Proceedings
- Pleadings - General Principles
- Striking Out Pleadings and Indorsement
- Amendment to Pleadings
- The Mareva Injunction
- The “Anton Piller” Injunction
- Arrest and Attachment before trial under the Debtors Act 1957
- Summons for Direction, Pre-Trial Case Management and Dismissal for Want of Prosecution
- Enforcement of Judgments
4. Professional Practice
This subject covers a wide range of substantive law and comprises 5 areas which are divided into section A and section B.
- Advocacy and Duties of Counsel
- Ethics of the Legal Profession
- Land Law and Conveyancing
- Probate and Administration of Estates
- Law of Bankruptcy
- The examination paper will contain 4 questions on the topics in Section A and 5 questions on topics in Section B. Candidates are required to answer 5 questions. At least 2 questions must be chosen from each section.
- Candidates are permitted to take an unmarked copy of the National Land Code 1965 into the examination hall.
a. ADVOCACY AND DUTIES OF COUNSEL
- Duties of Counsel - To Client and the Court / The Barrister’s Immunity
- Counsel’s Liability in Negligence for Conduct of a Case
- Summary Jurisdiction of the Courts Over Solicitors and Enforcement of Undertakings
- Extent of Counsel’s Authority
- Counsel and Contempt of Court / Disciplinary Proceedings for
Misbehaviour to Court
- Legal Professional Privilege / s.126 Evidence Act 1950
- Advocacy and the Trial in Court: Examination of Witnesses: Chapter X Evidence Act 1950 ss.135 -166.
- Arguing the Appeal
b. ETHICS OF THE LEGAL PROFESSION
- Structure of the Malaysian Legal Profession
- The Need for Ethics
- Legal Profession (Practice and Etiquette) Rules 1978
- Acting for more than one party
- Disciplinary Proceedings
- Role and Immunity of an Advocate and Solicitor
- Some Common Complaints Against the Legal Profession
a. LAND LAW AND LAND DEALINGS
- The Malaysian Torrens System
- The Application of English Equitable Principles to Land Matters
- Disposal by the State Authority: Alienation
- Types of Titles
- Restriction in Interest, Conditions and Categories of Land Use
- Indefeasibility of Title
- Restraints on Dealings
- Housing Developers
b. BANKRUPTCY AND WINDING UP
- Introduction to Bankruptcy Law
- Act of Bankruptcy
- Bankruptcy notice
- Bankruptcy Petition (Creditor’s Petition)
- Jurisdiction - Reinstatement
- Receiving Order
- Adjudication Order
- Proceedings Consequent to Adjudication
- Composition or Scheme of Arrangement
- Disclaimer:OA’s rights:s.59
- The bankruptcy court and appeals
- Discharge of bankrupt
- Rescission and annulment of receiving and adjudicating orders
- Companies Winding-up: The Companies Act 1965 and Companies (Winding-Up) Rules 1972
c. ADMINISTRATION OF ESTATES
- Types of Estates
- Administration of an estate
- Common types of grants of representation by the High Court
- Grants where deceased died domiciled outside Malaysia: Grants to attorneys
- Rights, Powers and Duties of Personal Representatives
- Letters of Administration with will annexed
- Letters of administration de bonis non
- Partial intestacies
- Benefits of testate succession
- The Administration of Muslim Estates
- Caveats O.71r.37
- Citation (O.71r.41-44 and s.9, Probate & Administration Act 1959)
- Probate actions (O.72)
The law of evidence is that part of adjective law which regulates the means by which facts are proved in judicial proceedings. The main statute is the Evidence Act 1950 (Act) and candidates are allowed to take an unmarked copy of the Act into the examination hall. The law of evidence regulates the proving of facts in both criminal and civil cases. While most of the rules in civil and criminal cases are the same, there are provisions that only apply in civil cases and provisions that only apply in criminal cases.
The Evidence syllabus requires students:
- To acquire a thorough knowledge of all the principles of evidence and to be able to apply that knowledge practically in both civil and criminal proceedings.To have a thorough understanding of the Evidence Act and the amendments made to it.
To have a good understanding of all provisions relevant to evidence in the statutes mentioned below:
- Dangerous Drugs Act 1952
- Anti Corruption Act 1997
- Oaths and Affirmation Act 1949
- Recommended Reading Material
- Evidence : The Complete Guide Series
- Introduction and Preliminary Matters
- Hearsay 1 - The Rule and the Exceptions
- Hearsay 2 - Admissions and Confessions
- Similar Fact Evidence
- Character Evidence
- Opinion Evidence
- Judicial Notice
- Documentary Evidence
- Burden and Standard of Proof
- Witnesses - Competence and Compellability
- Witnesses - Privilege
- Witnesses - Corroboration
- Examination of Witnesses
- Illegally Obtained Evidence
- Improper Admission or Rejection of Evidence
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