How to impress Malaysian law examiners?

The semester examination has just ended at my university. Working late till the wee hours of many mornings, I completed the evaluation of several thick bundles of examination scripts. As always, a fair number of answers were illegible, incomprehensible and terribly disorganised.

FOR all of us in the teaching profession, the periodic ordeal of marking examination scripts arouses suicidal as well as homicidal instincts!

Many students fail to exhibit basic knowledge of the subject and, understandably, fail the examination. Others have undoubted ability but not the technique or methodology of writing effective answers. It is to the latter group of law students that I wish to address today’s column.

Let me begin by saying that law is “reasoned argument”. To perform satisfactorily in the field, some special skills and techniques need to be cultivated.

Language: A law student should understand that oral and written communication skills are absolutely indispensable for the effective practice of the law. Law students should seek constantly to improve their command of the language by reading newspapers, law books and law journals.

Original sources: A good law student buys her own textbooks and statutes and does not rely entirely on class handouts. She constantly supplements class handouts with self-study from textbooks and adds to the “bank account” of knowledge opened by the lecturer for the students.

Art of reading: Reading is an art. Unless we have a smart strategy, it is entirely possible to get lost in the undergrowth. In reading a book or article, the student must avoid beginning at the beginning and plodding to the end. She must first look at the headings and sub-headings to get a broad feel or outline of what the chapter contains.

She must proceed from the general to the particular; from the woods to the trees. If an easy book or handout is available, she must read that first to get a background.

Self-study: Her study techniques must have three aims. First, to understand the basic principles of the law. Second, to recall basic ideas. To achieve this she must summarise the main principles or ideas in simple diagrams, charts, “magic words” or acronyms. These “scaffoldings” or outlines must be committed to memory. A third aim must be to evaluate existing materials and to highlight the flaws in the laws.

Attending tutorials: Successful students go prepared to class bubbling with queries. During the class or tutorial, they don’t just hear, they listen. They jot down prolific notes. They ask questions orally or by e-mail or in other written form. They participate.

Study groups: Successful law students form informal groups for study and revision. They try to be in a group of hard workers and independent thinkers. They encourage differences rather than conformity. They expose their understanding to scrutiny by others.

Summarising notes: Organising, systematising and summarising knowledge is the best way to master it. In preparation for the examination, a good student summarises each topic on one A4 page or on index cards or uses flow charts or diagrams to organise the vast amount of material collected.

For example, the whole topic of constitutional supremacy in constitutional law can be summed up in six points:

> Article 4(1) and 162(6) on supremacy of the Constitution
> Fundamental rights
> Federal-state division of powers
> Judicial review
> Amendment process
> Darurat (emergency).

These six points can, in turn, be summed up in one magic acronym AFFJAD to help you to recall the broad contours of the topic effortlessly.

Likewise, important cases could be summed up in half a page with a few lines each on three important parts of each case: the facts, the issues, and the court’s decision on each issue.

Past years’ examination papers: Familiarity with existing patterns of evaluation helps greatly in preparation. A successful student obtains and analyses past years’ examination questions. She prepares charts to discover the examiners’ preferences or patterns. She is, however, aware that examiners change from year to year and are not bound by patterns or precedents.

Practising written answers: A good student solves some past years’ questions and submits them to her lecturer for evaluation. This way she seeks to learn by simulation. She submits her knowledge as well as her methodology to sympathetic scrutiny.

Effective presentation: Examinations are like life. Substance is important but so is show! An organised, easy-to-read presentation always secures higher marks than one that is all jumbled up, disconnected and disorganised.

In writing her answers in the examination hall, a wise student does not start writing the moment she is allowed to do so. She spends five minutes organising her answer; drawing up the scaffolding or the outline on the left page of the answer book.

ATACR formula: For each essay or problem question, a wise student follows the ATACR formula. “A” stands for analysis or breakdown of the question or problem into its constituent parts. The more issues the student spots, the higher her marks are likely to be.

“T” refers to theory or the law relating to each issue identified above. The theory and the law are found in statutes, decided cases and juristic works.

The next “A” stands for application of theory or law to the facts of the case or question at hand.

“C” refers to conclusion on the point being discussed and “R” signifies the remedy or course of action to be recommended.

Reflecting On The Law
By Shad Saleem Faruqi

> Shad Faruqi is Emeritus Professor of Law at UiTM 

Stop playing race game in Malaysian politics

The country has changed so much since 1969 that to keep using the argument that we are on the verge of race war is rather obsolete.

I WAS wondering when it was going to happen; when certain quarters were going to dust off that old chestnut of May 13, 1969, and use it as a political tool.

It all seems terribly coincidental that as the general election draws nearer, suddenly race riots get inserted into political speech, and a movie about May 13 is apparently waiting to be released.

The country has changed so much since 1969 that to keep using the argument that we are on the verge of race war is rather obsolete.

Let’s look at some facts. Firstly, the vast majority of the Malaysian population were not even born in 1969.

This means that first-hand knowledge of that terrible time is simply not part of most of us. Without that emotional connection, I believe that younger Malaysians are willing to question the feasibility of such a thing happening again.

And really, could it? In 1969, the politics of the nation was so very clearly divided along racial lines. The Opposition was not united as it is today. PAS won 12 seats, DAP 13 and Gerakan 8.

They were not part of a coalition and each stood on its own, therefore it was possible to play the race game because, in Kuala Lumpur and Selangor in particular, the Opposition had the face of “the other”.

Today, with the Pakatan coalition in existence, the Opposition is a much more complex animal. If the Opposition wins, how can the race card be played when two of the component parties are so predominantly Malay?

Let’s take a look at recent events that has got some powerful people’s knickers in a twist.

In particular the Bersih demonstrations of 2007, 2011 and 2012. The demographics of these events were multi-ethnic and became even more multi-ethnic with each progressive one.

By the time of this year’s Bersih demonstration, the make-up of the people who took part was much closer to the make-up of the country as a whole. However, the predominant ethnic group was still Malay.

This goes to show that the political divide, not of political parties but of ordinary citizens, can no longer be conveniently divided along ethnic lines.

Significant numbers of Malaysians, regardless of their background, can be united when they have a common political goal, in this case clean and fair elections.

Furthermore, ethnic Malays can be vocally unhappy with the status quo. In the present-day scenario, it is ridiculous to say that the politics in Malaysia is simply a matter of Malays versus Non-Malays.

And let us look at the 2008 elections. The results were unprecedented and surprised most people. I remember that night very well, as the results became clear that Barisan had lost their two-thirds majority and five state governments.

I decided to drive around Kuala Lumpur, just to see what would happen. And what happened? Nothing.
The streets were quiet. No celebratory parties, no processions, no fireworks; nothing.

The Opposition and their supporters on the streets were as muted as the Barisan and their supporters.

No gloating, no taunting, no excuses at all to provoke a reaction from the supporters of the powers-that-be.

I am certain that if a similar result is achieved in the next elections, the same would happen. There will be no provocation from the opposition and their supporters.

That is not to say there will not be any trouble. Recent events in this country have proven that there are gangs of thugs who are willing to be violent for political purposes.

The thing is though, I believe that the Malaysian public are not going to rise to the bait.

I fervently hope we will show them that we are better than them, we are nobler than them and they are nothing but hooligans with delusions of grandeur.

No, the danger that faces this country will not come from race riots.

If we have trouble in Malaysia, it will be if there is a prolonged disrespect for true democratic principles.

If the election process is not transparent and fair, if the result of a clean election is not respected, then and only then should we start to worry.

BRAVE NEW WORLD

By AZMI SHAROM

The modern day slacker

It is this type which frustrates the hardworking Malays, who have worked so hard to bust the myth of the lazy Malay, the subsidy-mentality-bumi, and gives them a bad name.

YOU would have known at least two of this type: the young Malay boy in his late 20s to mid-30s who has the potential, but for no reason at all, seems intent on ruining his life, by simply being lackadaisical and complacent. He is the slacker.

It is this type which frustrates the hardworking Malays, who have worked so hard to bust the myth of the lazy Malay, the subsidy-mentality-bumi, and gives them a bad name.

The latter, who come from various economic backgrounds, burn the midnight oil at their corporate jobs. Some take on another as a side income or work at two jobs.

Their partners or spouses are equally as hardworking, but when drawn into conversation about the idle Malay boy, both will throw their hands up in the air.

Talk to non-Malay professionals and they say nonchalantly, “That’s what you get when you hire these Malays.”

A successful bumi businessman told me once that he hires only young non-Malays, because he had been duped too many times by the boys he wanted to help.

These boys, who seem to be mushrooming by the day, are articulate, and do keep abreast of current events. Interestingly, these boys mainly come from working class backgrounds.

They’re not unintelligent. Have a chat with them – they can be so perceptive that you wonder why they are not in politics or a think-tank. And yet, they are in debt, and seem to relish in their financial piccadiloes; when they are offered opportunities, they take and screw them up halfway.

The reasons are unbelievable: I broke up with my girlfriend. I don’t have money. I don’t have the ilham. My friend owes me money. I owe myself money.

However, despite their apparent flaws, they complain about how the world owes them a living. The government should give me a grant. The government owes me a living because I’m Malay and poor.

People don’t like me because I’m not connected. Girls don’t want to date me because I’m poor and directionless.

Granted, some do try. But they look for short cuts.

Some of them become the “shadows” of the bodyguards, the lesser datuks and proxies to the middleman to the PA to the right-hand man of the “Man Himself”, in vain hopes for a small cut.

If they are lucky, they take back RM5,000. They create small enterprises and mark up costs that defy business logic, that in the end they have to close shop.

The opportunities are already there. Yes, our education system is not perfect, but many have come out from it better and richer.

I also do not deny that working or doing business is not easy either. Yet there are many Malaysian success stories.

Blame the NEP if you want, but the truth is, many have also thrived sans it. Some packed up their bags and moved abroad without a degree or connections. The Internet is at your disposal – for all this talk about not having money, a good number of these boys have a working computer. Mac, no less. So work from home.

Work with clients from everywhere! A friend once hired a Nigerian student in Nigeria to create his website. That young boy from the sticks of Nigeria delivered a really swoosh website within a month.

When asked why they are so dismissive of politics and youth activities, they can tell you, “It’s a waste of time. We’re not America. There’s a tradition of activism there, not here. Besides, we’re the grassroots. The government should take care of us and provide us with incentives.”

How can any government do so, and why should it? This is not about opportunities but attitude!
There is already a social and economic imbalance which will worsen.

Many marriages break down, and some of the increasing reasons I hear from my syariah lawyer friends are that these boys are complacent and do not contribute to the marriage financially.

They do not pick up the slack at home by being the housekeeper, and expect the wives to fund two families. Theirs and his.

Some resent their wives’ successes and create problems. Some of them bring their debts into the family equation.

Economically, if more and more of these youths opt to be slackers, the country’s GDP will go down greatly and crumble into a declining and worsening economy.

The divide between the haves and have-nots will widen. The gender imbalance is already there: More young (Malay) women are in tertiary institutions and working very hard.

Quite a number have told me they fear marriage because they do not want to be beholden to a spouse who cannot contribute to a marriage.

At this juncture, this begs another question.

Why are a good number of young and working class Malays complacent? Sometimes, I feel that the foreign workers deserve citizenship because they work and somehow manage to save for their families back home.

They live in the most deplorable living conditions, and some worse than the shacks I have seen in my kampung.

The question should no longer be about whether Malay youths are politically apathetic. The question should be how to make these boys work and be motivated.

It is a study I greatly welcome and would like to do.

A WRITER'S LIFE By DINA ZAMAN