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CHAPTER 1 : INTRODUCTION TO MALAYSIAN LAW - Coggle Diagram
CHAPTER 1 : INTRODUCTION TO MALAYSIAN LAW
Law
– General rule of conduct
Oxford English Dictionary
– Body of enacted or customary rules recognized by community as binding
Sir John Salmond
– Body of principles recognized and applied by State in Administration of justice
Aim of Law
-Attain
JUSTICE
in society
-Justice is an abstract idea of right and wrong, fairness and equality
-To encourage doing what is right or just.
Law in Malaysia
-Malaysia consist of Peninsular, Sabah & Sarawak.
-Important link that unite 2 parts
-
Parliament
– legislate for whole country
-
Federal Court
– final court of appeal for whole country
-
State
– Legal system administered almost entirely on the basis of the political unit.
-There are 13 states altogether in Malaysia
-For international purpose, Malaysia is 1 state.
-Each state has a government and has rules which lay down who shall govern and how to govern.
CLASSIFICATION OF LAW
Public Law
-Govern relationship between individuals and state
Divided into:
i-
Constitutional Law
– Right of individuals in the state
ii-
Criminal Law
– Offences against State obligations imposed on individuals
International Law
-Body of law which composed its greater part of the principles and rules of conduct which State feel themselves bound to observe.
Divided into:
i-
Public International Law
– Prevails between state
ii-
Private International Law
– Conflict of law or part of law
Private Law
-Concerned with matter affect right and duties of individuals among themselves.
-Intended to:
+Give compensation to person injured
+Enable property recover by wrongdoers
+Enforce obligation
-Types of Private Law
+Contract
– based on agreement. Determines when set of promises legally enforceable
+Tort
– obligation imposed by law. Tort is civil wrong. A breach of general duty.
+Trust
– equitable obligation binding a person to deal with property over which he has control for benefit of person.
SOURCE OF LAW
Written Law
Federal Constitution
-Supreme law of the country
-Enshrines basic right of individuals
-Right written can be change by 2/3 majority of legislature
State Constitution
-Each state possesses own constitution regulating the government of the state
-If provisions are missing, or inconsistent, Parliament may make provision to give effect.
Legislation
-Law legislated by Parliament at Federal level
-Law legislated by Legislative Assemblies at State level
-Law enacted by Parliament after 1946 before Independence in 1957 – Ordinances
-Law enacted after 1957 called Acts.
Subsidiary legislation
-Any proclamation, rule, regulation, order, notification.
-Legislated by Minister or local authorities.
Unwritten Law
English Law
-Common law of England does apply in Malaysia but subject to imitation
-Apply only in absence of local statues on particular subject
-Part of English law that suited with local circumstances
Judicial decision
-Judges follow decisions previously made by judges.
-Decisions of higher court bind lower courts.
Custom
-Local inhabitants in Malaysia use customs as sources of law.
-2 main varieties Malay customary law:
Adat Pepatih & Adat Temenggong.
Muslim Law
-Applies to all person who are Muslims
-Law relating to family matters marriage & divorce, estate matters relating to division of property and assets.
-Head of Muslim religion in a State is Sultan
-Court enforce Muslim law is Syariah Court.
JUDICIAL SYSTEM IN MALAYSIA
Subordinate Court
Penghulu Court
-Lowest level of subordinate court
-Presided by headman/penghulu
-Liquidated demand does not exceed RM50
-Parties of Asian speak & understand Malaysia
-Find not more than RM25
Magistrates' Court
First Class Magistrate Court
-The amount of subject matter does not exceed RM25,000.00
-When found guilty, magistrate may pass any sentence allowed by law not exceeding:
+5 years imprisonment
+Fine of RM100,000.00
+Whipping of up to 12 strokes
+Combination of above mentioned
Second Class Magistrate Court
-Jurisdiction of original actions of civil nature where plaintiff seek to recover debt not exceed RM3,000.00
-When found guilty, magistrate may pass any sentence allowed by law not exceeding:
+6 months’ imprisonment
+Fine of not more than RM1,000.00
+Any sentence combining of aforesaid sentences
Juvenile Court
-Deal with criminal offender below 18 years old
-Court consist of first class magistrate and 2 lay advisor, one who shall if practicable be a women
-Function of advisor to advice court with respect any consideration affecting the punishment
-Court is conferred jurisdiction to try all offences except those punishable by death
Session Court
-Highest subordinates courts
-Under charge of Sessions Court judge
-Criminal jurisdiction extends to all offence other than offences punishable with death
-May pass any sentence allowed by law other than the death sentence
-In civil matters, the dispute or value of subject matter does not exceed RM100,000.00
SUPERIOR COURT IN MALAYSIA
The High Court
-The Court of Appeal
-The Federal Court
-The Industrial Court
-The Syariah Court
-The Native Court