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MALAYSIAN LEGAL SYSTEM (PART 3) - Coggle Diagram
MALAYSIAN LEGAL SYSTEM
(PART 3)
Precedent & Case Law
(A precedent is a decision in a previous similar law case)
If precedent is set by a court of equal or higher status, the judge need to follow the rule of established law in the earlier case.
If the precedent is set by a court lower in the hierarchy, judge of the new case does not need to follow.
Declaratory precedent: apply the existing rule
Original precedent: decision has to be made based on justice, equity and good conscience
Rules of Precedent
Federal Court:
Bound by its own decision
Its decisions are binding on all other courts below in the hierarchy
Court of Appeal:
Bound by decisions of the Federal Court
Its decisions are binding on the court itself as well as on all the inferior courts
High Court:
Consists of several divisions; each division is bound by its own decisions but not other divisions of the High Court; Its decisions are binding on inferior courts
Hierarchy of Courts and Administration
Divided into two; Peninsular Malaysia (11 States and 2 Federal Territories) and East Malaysia (Sabah, Sarawak and Federal Territory of Labuan)
Types of Courts in Malaysian Legal System
Federal Court
History
Old name: The Supreme Court
Established under the Federation of Malaya Agreement 1948
Replaced by the Federal Court and three High Courts; High Court of Malaya, High Court of Singapore and High Court of Brunei
Only two courts remaining after the secession of Singapore on 9th August 1965
Renamed back to "Supreme Court" on 1st January 1985
Renamed again to "Federal Court" 9 years later
The Jurisdiction
Original jurisdiction
-To determine the validity of any law
-To determine the dispute between states and federation
Appellate jurisdiction (appeal from Court of Appeal and High Court)
Revisionary jurisdiction
Advisory jurisdiction
Court of Appeal
History
Exist under the Supreme Court during the Federation of Malaya Agreement 1948 along with High Court
On 24th June 1994, The Court of Appeal was established under the Court of Appeal Act 1994. the establishment has restored the two tier appeal process in our legal institution
Maximum numbers of the Court of Appeal Judges is 32 judges
The Jurisdiction
To determine appeal from the decision of the High Court in relation to the
civil
or
criminal cases
and any other jurisdiction given by or under the Federal law
High Court
The Jurisdiction
High Court of Malaya will hear cases and disputes that take place in the jurisdiction of the Peninsular Malaysia
High Court of Sabah and Sarawak will hear cases and disputes that take place in its jurisdiction in Sabah and Sarawak only
Original criminal jurisdiction: Death penalty only
Original civil jurisdiction
Appellate jurisdiction: Criminal and civil appeal from Session and Magistrates' Courts
History
Exist under the Supreme Court during the Federation of Malaya Agreement 1948 along with Court of Appeal
Replaced by the Federal Court and three High Courts; High Court of Malaya, High Court of Singapore and High Court of Brunei
Only two courts remaining after the secession of Singapore on 9th August 1965
Chief Justice of representative court presided High Court of Malaya and High Court of Sabah & Sarawak, then the respective designation changed to "Chief Judge"
High Court of Malaya: Chief Judge not less than 4 and judge not more than 12 judges (then)
High Court of Sabah Sarawak: Chief Judge not less than 4 and judge not more than 12 (then)
High Court of Malaya: maximum no of judges is 60
High Court of Sabah Sarawak: maximum no of judges is 13
Subordinate Courts:
Session and Magistrate
History
Under the Federation of Malaya Agreement 1948, subordinate courts could be constituted by laws made under the Agreement
On 1963, continued the subordinate courts of the Federation of Malaya and of Sabah and Sarawak until otherwise provided by federal law
Extended the Subordinate Courts Act 1948 to Sabah and Sarawak with effect from 1st June 1981 under section 74 of the Malaysian Act 1963
On 22nd May 1987,the title of “President of the Session Court” was replaced with the title of “Sessions Court Judge” by amendments made by the Subordinate Courts (Amendment) Act 1987
The Jurisdiction (Session Court)
Civil Jurisdiction (accident claims, dispute for value more than RM100k but n.e. RM1 mil.
Criminal jurisdiction (all cases except for the case subject to death penalty)
The Jurisdiction (Magistrate Court)
Civil jurisdiction (claim less than RM100k)
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 Justice of Federal Court
To manage the affairs of all Commissioners for Oaths throughout Malaysia, in an efficient, competent and organised manner
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
The Roles of the Commissioner for Oaths Unit
To supervise and update the Directory of the Commissioner for Oaths for all type of appointment (Advocate and Solicitors, Public Officers, Officer of Statutory Bodies, Any Other Persons)
To be the source of reference and authentication in relation period of appointment, throughout the country
To process all application for the appointment of Commissioner for Oaths, made by way of Form 1, 2, 3, & 4
To undertake the supervision, the conduct of the examination and interview for the appointment and reappointment of all Commissioner for Oaths
To process applications for the reappointment of Commissioner for Oaths, by way of Form 6
To process all application made by a Commissioner for Oaths to change the address of service
To process any application made by any Commissioner for Oath, who undertakes to carry out his or her functions beyond the approved address of service
To record applications and leave notifications by any Commissioner for Oaths
To supervise the inspection of the Register and the Premises of all Commissioner for Oaths throughout Malaysia
To accept and process information or complaints against any Commissioner for Oaths
To initiate an investigation, based on information or complaints made by any member of the public, against any Commissioner for Oaths throughout Malaysia