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MALAYSIAN LEGAL SYSTEM :pen:, PENGHULU'S COURT - Coggle Diagram
MALAYSIAN LEGAL SYSTEM
:pen:
1.1 INTRODUCTION
LEGAL SYSTEM
A system of law that Malaysian country follow
Malaysian laws shaped by local history & culture
Legal system derives many traditions from English legal system.
DEFINITION
A body of enacted rules recognised by the community as binding.
SOURCE OF LAW
HISTORICAL
SOURCES
Factors that influence the development of law, but these factors are not recognized by law.
PLACES
Where law can be found
Example :
Statute, Law reports, textbook, Decision of court
LEGAL SOURCES
Refers to legal rules
that make up the law
Written Law
Unwritten Law
1.2 THE SOURCES OF MALAYSIAN LAW
UNWRITTEN LAW
ENGLISH LAW
Remains in Malaysia even after independence day on 1957.
Adopted so far as they were suitable to local conditions
S3 Civil Law Act 1956 - contract is applicable in Malaysia in relation to areas not covered by our legislation or case law
JUDICAL PRECEDENT
Decisions made by previous judges in previous cases that have similar situations
TYPE OF PRECEDENT
DECLARATORY
- applies an existing rule of law
ORIGINAL
- decide a case without any precedent
( based on justice, equity and good conscience)
TYPE OF JUDICAL PRECEDENT
BINDING
- All decisions of higher courts bind the lower court
The higher courts are bound by their own decision
PERSUASIVE
- High Court are not bound to follow the decision that make by other High Court Judges.
ISLAMIC LAW
Applicable to Muslims only and administered in the Syariah Courts.
The courts possess civil jurisdiction over offences by Muslim against the religion.
Example
: Khalwat, consumption of alcohol and others
WRITTEN LAW
STATE CONSTITUTION
A Menteri Besar or a Chief Minister heads the government .
The 13 States of Malaysia have individual constitutions, which provide for a single chamber Legislative Assembly in each state.
The central government may intervene for the purpose of ensuring uniformity of law and policy
LEGISLATION
It refers to laws made by a person or body, which has power to make law.
Parliament and Legislative Assemblies
have powers to enact laws in their respective areas
TYPE OF LEGISLATION
Act
- Federal Law made by Parliament
Enactment
- State Law made by Legislative Assemblies
Ordinance
- Law made by YDPA during Proclamation of an emergency when Parliament is not sitting concurrently.
SUBSIDIARY LEGISLATION
Rules and regulations enacted by an authority under powers conferred on it by statute.
Example :
the parking by laws enacted by various councils under powers conferred on them by the State Local Government Enactments.
FEDERAL CONSTITUTION
The supreme law of the land and any law passed after Independent Day
Parliament as a legislative body has the capacity to amend , repeal and make new constitution.
Applied by way two or third majority vote of the both houses of Parliament which is Dewan Negara and Dewan Rakyat.
1.3 COURT STRUCTURE
FEDERAL COURT
Hear civil and criminal appeals from Court of Appeal.
Highest court in Malaysia
COURT OF APPEAL
Established under article 121 of the Federal Constitution.
Hears civil and criminal appeal against decisions of the High Court .
HIGH COURT
Established under Article 121(1) of the federal constitution.
In Civil matter, hears cases where the claims exceed RM1,000,000 except motor vehicle accidents, landlord and tenant.
Hear civil and criminal appeals against decisions of the High Court.
SESSION COURTS
CIVIL MATTERS
Hears all civil claims that exceed RM100,000 but do not exceed RM1,000,000
Section 65(1)(a) Subordinate Courts Act 1948 - Unlimited monetary jurisdiction in respect of motor vehicle accidents and landlord and tenants dispute and distress.
CRIMINAL MATTERS
Can try all offences other than those punishable by death
Section 64 Subordinate Courts Act 1948 can pas any sentence except death
MAGISTRATE'S COURT
Moderate over by magistrate.
Deals with minor civil and criminal cases.
FIRST CLASS
Section 85 Subordinate Courts Act 1948
Criminal
- Can try offences punishable with imprisonment not exceeding 10 years or punishable with fine only
Civil
- Hears all civil matter claims that do not exceed
RM100,000
SECOND CLASS
Civil
- Hears all civil matter claims that not exceed
RM10,000
Section 89 Subordinate Courts Act 1948
CRIMINAL
- Can punish an offender with imprisonment not exceeding 6 months or both
PENGHULU'S COURT
It has been abolished since 1 March 2013
Civil
- Has power to hear civil matter claim does not exceed RM50
The parties are of an Asian race & understand Malay languange.
Criminal
- Can try offences of a minor nature.
Section 96 Subordinate Courts Act 1948
The maximum punishment is fine of up to RM25