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The Legal System In Malaysia - Coggle Diagram
The Legal System In Malaysia
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
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
Superior Court
High Courts
There are two High Courts – the High Court of Malaya and the High Court of Sabah and Sarawak, each with a Chief Judge.
Any civil matter which cannot be determined in the subordinate courts is heard before the High Court.
In criminal matters, a preliminary hearing must be held in a Magistrates’ 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
is 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
is it has jurisdiction to hear and determine any appeal against any High Court decision.
Federal Court
The highest court in Malaysia.
It consists of the Chief Justice, The President of the Court of Appeal, The Chief Judge of Malaya, The Chief Judge of Sabah and Sarawak Six Federal Court Judges.
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).
First class magistrates
is Civil Jurisdiction(Section 90 of the Subordinate Court Act 1948)
First Class Civil Matters
is Amount in dispute or value of subject-matter does not exceed RM100,000
First Class Criminal Matters
is punishable by fine only or punishable by imprisonment not exceeding 10 years
Second Class Magistrates
is Civil jurisdiction of Second Class Magistrate (Section 92 of the Subordinate Court Act 1948)
Civil Matters
is can only try actions concerning recovery of a debt or liquidated demand on money not exceeding RM100,000
Criminal Matters
is Punishable by fine only or punishable by imprisonment not exceeding 12 months
Courts For Children
It consists of a Magistrate who, in the exercise of his functions as a Court For Children
Hears all cases involving minors except cases carrying the death penalty which are heard in High Courts instead.
Child Act 2001 is a consolidation of three previous law is Juvenile Courts Act 1947,Women and Young Girls Protection Act 1973, Child Protection Act 1991.