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CH 1: MALAYSIAN LEGAL SYSTEM - Coggle Diagram
CH 1: MALAYSIAN LEGAL SYSTEM
WHAT IS LAW?
Law is a formal mechanism of social control
Framework of social control
Formal control mechanisms
Law
Informal control mechanisms
ethical & moral guidance
TYPES OF LAW
Private & Public law
Private Law
businesses, customers, employees & other private individuals, groups or organisations
Public Law
government & operation and functions of public organisations
Divided into:
Constitutional Law
Criminal Law
International Law
Private International Law
Public International Law
Criminal & Civil law
Criminal Law
State prosecutes the wrongdoer
State = prosecutor
Civil Law
forms of private law
claimant sues the defendant
distinction
legal consequences
courts where the case is heard
procedures
terminology
Malaysian Law
Federal Constitution
enactments or ordinances
Statute Law
complicated and unique
THE COURT SYSTEM
Civil Court Structure
subordinate courts
Magistrates' Courts
minor civil of not more than RM100,000 & criminal cases
Sessions Court
civil & criminal jurisdiction
superior courts
High Court
High Court (Malaya)
High Court (Sabah & Sarawak)
Court of Appeal
second highest court
hears appeal from High Court
presided over by President of Court of Appeal
re-hearing & has the powers and duties similar to High Court & has the power to order a retrial
Federal Court
judges are appointed by YDPA on the advice of PM
highest and final appellate court
currently 7 Federal Judges
Native Court
only Sabah & Sarawak
parties - natives (Sarawak - Kalabits, Ibans, Kayans, Bidayuhs, Muruts etc and Sabah - Kadazans etc)