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Sources of Law (P3) (Decision (Definition (Actual determination of dispute…

- - - - Section 3(1)
        
        Statute of general application in Sabah ( 1 Dec 1951) and Sarawak( 12 Dec 1949), will be applicable subject to 2 restriction
        
        Must be suitable to local customs and circumstances of the people of Malaysia
        
        Should not be no local law governing the particular issue
      - Section 5(1)
        
        Introduced in peninsula Malaysia principle of English commercial Law as stood in 7 April 1956
- - - - Doctrine of Stare Decsis
        
        Rationale
        
        To prevent uncertainty of the law
        
        To standardise the law and make it uniform
        
        Also known as Doctrine of Binding Judicial Precedent
        
        Operation of Doctrine
        
        Operate according to the hierarchy
        
        The court is divided into 2 groups
        
        Superior Court
        
        Court of Appeal
        
        High Court of Malaya / Sabah and Sarawak
        
        Special Court
        
        Federal Court
        
        Has opted to follow the practice of the Court of Appeal in England
        
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        Subordinate Court
        
        Court for Children
        
        Session Court
        
        Magistrate Court
        
        States that where the facts are the same or almost alike, the previous decision must be followed
        
        Application of Doctrine
        
        Horizontal Doctrine
        
        Certain courts are bound by their own previous decision
        
        The High Court of Malaya and the High Court of Borneo are at the same standing. They posses equal jurisdiction.
        
        Vertical Doctrine
        
        These courts can maker judicial precedent
        
        Subordinate court can only follow what has been set by Superior court
        
        The highest court in Malaysia is the Federal Court