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The Legal System In Malaysia - Coggle Diagram
The Legal System In Malaysia
Introduction
Legal System
A system of law that a country follows
Malaysia adopt the English model, where many laws are not codified into statutes
History
1957: Independence Day
1963: Sabah, Sarawak & Singapore marged in Malaya
1965: Singapore seceded from Malaysia
Under the constitution, Sabah and Sarawak have the right to retain autonomy, institutions and laws.
English Law
S3 Civil Law Act 1953
Peninsular Malaysia
Court Structure
Court System
Superior Courts
Federal Court
Court Of Appeal
The Court of Appeal is headed by the President of the Court of Appeal (Section 38 of Courts of Judicature Act 1964)
Civil Matters
It has jurisdiction to hear and determine any appeal for cases where the amount or value of the subject-matter of the claim is not less than RM250,000.
Criminal Matters
It has jurisdiction to hear and determine any appeal against any High Court decision.
High Courts
Subordinate courts
Session Courts
The highest subordinate court
Civil Matters
Empowered to deal with all claims up to the value of RM 1,000,000.
It also has unlimited jurisdiction to hear matters involving vehicles accidents, landlord and tenant and distress proceedings.
Try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments
Criminal Matters
It can try all offences except those punishable by death
Magistrates Courts
Deals with minor civil and criminal cases
For the Federal Territory, magistrates are appointed by Yang di-Pertuan Agong on the recommendation of the Chief Judge. In each of the States, magistrates are appointed by the State Authority on the recommendation of the respective Chief Judges (section 78 of the Subordinate Courts Act 1948).
Two categories of magistrates
Second class magistrates
Civil jurisdiction of Second Class Magistrate (Section 92 of the Subordinate Court Act 1948)
Civil Matters
Can only try actions concerning recovery of a debt or liquidated demand on money not exceeding RM100,000
Criminal Matters
Punishable by fine only or punishable by imprisonment not exceeding 12 months
The Small Claim Court
This Court was set up in 1987 under the Subordinate Courts (Amendment) Rules 1987.
Decide on claims for recovery of debts or liquidated demand in money, with or without interest, and not exceeding RM5,000 at the date of filing.
No legal representation is allowed and very cheap.
First class magistrates
Civil Jurisdiction(Section 90 of the Subordinate Court Act 1948)
Civil Matters
Amount in dispute or value of subject-matter does not exceed RM100,000
Criminal Matters
Punishable by fine only or punishable by imprisonment not exceeding 10 years
The Judiciary
The judiciary is a single hierarchy of courts in Malaysia which enforces both Federal and State laws.
Power of the judiciary
ii) To pronounce on the legality of any legislative or executive acts
iii) It also has authority to interpret the Federal as well as State constitutions
i) To hear and determine civil and criminal
matters