Please enable JavaScript.
Coggle requires JavaScript to display documents.
THE MALAYSIA LEGAL SYSTEM - Coggle Diagram
THE MALAYSIA LEGAL SYSTEM
What is law?
the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
LAW, THE STATE & CONSTITUTION
the Parliament
Congress can and does legislate for the entire country.
the Federal Court, FC
.
The FC acts as a final court of appeal for the whole country.
Malaysia has a federal constitution and 13 state constitutions. The Federal Constitution is the supreme law of the country. State constitutions are the laws that states enact to govern their states.
CONSTITUTION
The Federal Constitution is the supreme law of the country. Any law passed after Independence Day that is inconsistent with the Federal Constitution is null and void.
Congress is governed by the Constitution, so all actions must be in accordance with the Constitution. Void in case of discrepancies.
LEGISLATION
It refers to a law enacted by a body established for that purpose.
The law passed the House of Representatives at the federal level and was passed by the state legislatures at the state level.
Legislation made by the executive through delegation is known as
subsidiary legislation.
Body of Law
Legislative
Executive
Federal Constitution
Subsidiary Legislation
Judiciary
Classification of Law
International law
law which regulates the relationship between one state and another.
Ex: Singapore & Malaysia (Pulau Batu Puteh)
Private law
law between individuals. It concerned issues affecting the mutual rights and obligations of individuals. For example. contract, tort, trust, etc.
Public law
PL is basically the law which governs the relationship between individuals and the State.
Criminal law
codifies various crimes committed by individuals against the state.
The Constitution
defines the rights of individuals in the State.
SOURCE OF LAW
Legal sources
legal rules that make up the law
UNWRITTEN
It's not unwritten. The reason it is not written down is that it was not produced by a formal legislative body.
. Case law
Whenever a judge tries to make a decision in a case, he is guided by the previous judge's previous judgment, and the facts of the previous case are the same as the present case. If there is no precedent, the judge is obligated to make a decision as he sees fit.
Customs
Factors that have not been recognized as law but have influenced the development of law. (for example.:
religious beliefs, local customs, opinions of legal scholars)
English law
EL is used as a source of legal information provided for in Sections 3 and 5 of the Civil Code 1956.
Section 3 has two restrictions:
1) Applies only in the absence of local law on specific issues.
2) Only part of EL is applied, corresponding to local conditions.
WRITTEN
portion of Malaysian Law which includes:
1) .
The Federal and State Constitution
2) . Legislation enacted by Parliament and State Assemblies
3) Subsidiary legislation
Historical sources
factors that influenced the development of law. Ex: religious beliefs, local customs, opinions of legal scholars
**The Judicial System
SESSION COURT
The Sessions Courts hear all matters of which the claim exceeds RM25,000-00 but does not exceed RM250,000-00 except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction.
The Sessions Courts have powers to hear all criminal matters except for offences punishable with death and may pass any sentences allowed by law except the sentence of death.
Accident cases
MAGISTRATE COURT
The Magistrates’ Courts hear all civil matters of which the claim does not exceed RM25,000-00.
Generally in criminal matters, the Magistrates’ Courts have power to try all offences of which the maximum term of imprisonment does not exceed 10 years or which are punishable with fine only but may pass sentences not exceeding 5 years imprisonment, fine not exceeding RM10,000-00 and/or whipping up to 12 strokes.
HIGH COURT
The High Courts have general supervisory and revisionary jurisdiction over all the Subordinate Courts and hear appeals from the Subordinate Courts in civil and criminal matters.
Dissolution of marriage, bankruptcy, legitimacy of persons, murder, theft, robbery & assault
JUVENILE COURT
Persons under 18 are tried in Courts for Children which are presided over by a Magistrate and two Court advisors (one of whom must be a woman). The Child Act sets out clear provisions for the operation of these courts and protection of the young person in line with the Convention on the Rights of the Child.
Gang rape, gang robbery, drug trafficking & abuse
COURT OF APPEAL
In relation to civil and criminal. ( robbery,bribe,theft, murder and human trafficking
In cases where the claim is less than RM250,000-00 or the judgment or order relates to costs only or against decisions of a judge in chambers on an interpleader summons on undisputed facts, leave of the Court of Appeal must first be obtained.
Determine appeal from the decisions of the High Court
FEDERAL COURT
All civil appeals to the Court of Appeals will not be heard in federal court until the federal court grants approval. The Federal Court of Justice also hears criminal appeals from the Court of Appeals only on matters handled by the Supreme Court in its original jurisdiction.
Murder, gang rape & etc
Bribery, land contract void & legitimacy of son
SPECIAL COURT
Special Court has been created by Article 182 of the Federal Constitution to try criminal offences committed by YDPA or the Rulers and all civil cases involving YDPA or the Rulers.
Syariah Court
Betrothal
Adoption
Religious endowmewnt
