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Malaysian Legal System (LU1 - Basic About Courts - Coggle Diagram
Malaysian Legal System (LU1 - Basic About Courts
Doctrine of Judicial Precedent
common law found in the decision of superior courts
decision of higher court will be binding on a court lower in hierarchy
If precedent set by court of equal or higher status to the court deciding the new case
The judge in that case should follow the established law in previous case (binding precendents)
If the precedent set by court lower in hierarchy
the judge in new case does not have to follow it but have to consider and will not overrule it without consideration (persuasive precedents)
Types of judicial precedents
Declaratory precedents
Judge applies an existing rule of law without extending it
Original precedents
Case without precedents ( has to be made based on justice, equity and good conscience)
Rules of precedent
Federal court
bound by its own decision
its decision are binding on all other courts below in hierarchy
Court of appeal
bound by decision of federal court
its decisions are binding on court itself as well as on all the inferior courts
Federal court
History
Est. under Federation of Malaya Agreement 1948
On 09/08/1965 - only High court of Malaya & High Court of Borneo remain
On 01/01/1985 - Federal court was renamed to "Supreme Court"
9 years later, renamed again to "Federal Court"/ Lord President" ➡ "Chief Justice"
The jurisdiction
Original jurisdiction
To determine
The validity of any law made by parliament or the legislation of any states
Disputes on any other issue bet. the states or bet. the federation and any states
Appellate Jurisdiction
To hear appeals from the court of appeal and the high court
Revisionary jurisdiction
To determine any question arise before another the court as to the effect of any provision under the Federal Constitution
Advisory Jurisdiction
YDPA ma refer to federal court for its opinion/advise (for any provision of constitution)
Federal court - pronounce its opinion in open court
Court of appeal
The Jurisdiction
Under Article 121 (1B) of Federal Constitution
To determine appeal from the decision of the high court in relation to the civil/criminal cases any any other jurisdiction given by or under the Federal law
Court of Appeal
The Jurisdiction
Under Article 121 (1B) -
to determine appeal from the decision of the High Court in relation to civil/criminal cases/etc given by or under Federal Law
High Court
The Jurisdiction
High Court of Malaya
Will hear cases and disputes that take place in jurisdiction of the Peninsular Malaysia
High Court of Sabah & Sarawak
Will hear cases & disputes that take place in its jurisdiction in Sabah & Sarawak only
Original criminal jurisdiction
Hear criminal matters involving death penalty
Original Civil Jurisdiction
Hear and determine all civil matters which are beyond the jurisdiction of the Session & Magistrates’ Court (amount involved is exceeding RM1 million)
divorce and matrimonial matters
bankruptcy and companies’ civil disputes
the appointment and guardianship of infant and the property
the appointment and guardianship of the disable person
the property and letter of administration and probate issues.
Appellate jurisdiction
Hear criminal and civil appeal from Session and Magistrates’ Courts
Sessions Court
The Jurisdiction
Civil jurisdiction
Hear all cases such as accident claims, dispute between the landlord and tenant for the value more RM100k but not exceeding RM1 million.
Criminal jurisdiction
Hear all criminal cases except for the case subject to death penalty
Magistrate's Court
Civil Jurisdiction
Total amount disputes or claim less than RM100k only
Criminal jurisdiction
Hear all criminal offences which subject to fine and imprisonment not exceeding 5 years imprisonment, fine not exceeding RM10k and/or 12 of whipping.
Commissioner for Oaths
Person appointed by the Chief of Justice of the Federal Court
- Under section 11(1) of the Court of Judicature Act 1964 & the commissioner for oaths rules 2018
Objective
To manage the affairs of all Commissioners for Oaths throughout Malaysia
According to the Commissioners for Oaths Rules 2018 (hv the power to perform :
Receive acknowledgements of a married woman where required by law
Receive acknowledgements of recognizances of bail or bail bonds
Administer oaths for:
Justification for bail
Affidavits and affirmation documents
Swearing executors and administrators (people who manage and distribute inheritance)
Any persons who will be attending court proceedings
Taking and receiving statutory declarations (sworn statements)
Receiving and taking the answer, plea, demurrer, disclaimer, allegation, or examination of any person involved in legal proceedings
The examination of witnesses
Roles
To supervise and update the Directory of the Commissioner for Oaths for all type of appointment
To be the source of reference and authentication in relation period of appointment, throughout the country
To initiate an investigation, based on information or complaints made by any member of the public, against any Commissioner for Oaths throughout Malaysia