Malawi Law Examination study guide
Malawi Law Examination · Work through your exam, one topic at a time.
The Malawi Law Examination is the assessment gateway that the profession uses to decide whether a law graduate is ready to practise as a legal practitioner in Malawi. It is aimed at candidates who have completed the academic stage of legal education and are moving into admission, and at practitioners from other jurisdictions seeking to understand the Malawian standard. The Malawi Law Examination study guide has 12 sections and about 3,649 words.
01Constitutional Law and the Malawian Legal System
Constitutional law questions test whether you can anchor every answer in the supremacy of the Constitution of the Republic of Malawi (1994, as amended), the Bill of Rights and the structure of the courts. Expect problem questions on rights limitations, separation of powers and the High Court's supervisory jurisdiction.
352 words, about 2 min02Criminal Law and Criminal Procedure
Criminal law and procedure tests the elements of offences under the Penal Code and the process under the Criminal Procedure and Evidence Code: arrest, bail, plea, trial, conviction and appeal. Liability generally requires actus reus (conduct, circumstances, consequences) and mens rea (intention, recklessness, knowledge or negligence).
319 words, about 2 min03Law of Contract
Contract questions test formation, terms, vitiating factors, discharge and remedies under Malawi's common-law and equitable principles, supplemented by statutes such as the Sale of Goods Act. Formation requires offer, acceptance, consideration, intention to create legal relations, capacity, certainty and legality.
296 words, about 1 min04Law of Torts
Tort law tests civil wrongs and remedies, especially negligence, occupiers' liability, nuisance, trespass, defamation and vicarious liability. Negligence requires a duty of care, breach of the standard of a reasonable person, causation (factual and legal) and damage that is not too remote.
295 words, about 1 min05Land Law
Land law tests tenure, registration, dealings in land and dispute resolution under the Land Act 2016 and the Customary Land Act 2016, together with related planning and acquisition legislation. Land in Malawi is categorised as public, private or customary.
307 words, about 2 min06Conveyancing and Property Law
Conveyancing and property law tests the steps and documents needed to transfer or charge interests in land: contract, investigation of title, requisitions, drafting, execution, stamping and registration. A sale begins with a contract that identifies the parties, property, price and completion terms.
297 words, about 1 min07Civil Procedure and Evidence
Civil procedure and evidence tests how a civil claim moves from pleadings to trial and appeal, and the rules governing proof. Jurisdiction depends on the court's statutory powers and the claim's value or subject matter.
300 words, about 2 min08Commercial Law
Commercial law tests transactions and instruments used in trade: sale of goods, agency, partnership, negotiable instruments, insurance and consumer/competition regulation. Sale of Goods Act implied terms include title, compliance with description, fitness for purpose and merchantable quality where the seller deals in goods of that kind.
307 words, about 2 min09Company Law and Insolvency
Company law and insolvency tests incorporation, corporate personality, governance, directors' duties and the consequences of financial failure under the Companies Act 2013 and insolvency legislation. A company is incorporated on registration and becomes a separate legal person with perpetual succession and limited liability.
299 words, about 1 min10Family Law and Succession
Family law and succession tests marriage, divorce, maintenance, custody and property, and the transmission of property on death under the Marriage, Divorce and Family Relations Act 2015 and the Wills and Inheritance Act. The 2015 Act recognises civil, customary and religious marriages and sets minimum age and consent requirements.
297 words, about 1 min11Administrative Law and Judicial Review
Administrative law and judicial review tests the legality of public decision-making and the remedies available in the High Court. Judicial review is concerned with the process and legality of decisions, not the merits.
273 words, about 1 min12Legal Ethics, Professional Responsibility and Practice Management
Legal ethics and practice management tests the duties owed by a legal practitioner to the court, client, profession and public, and the business controls needed in a lawful practice. The Legal Practitioners Act and Malawi Law Society rules govern admission, practice, discipline and professional conduct.
307 words, about 2 min