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THE MALAYSIAN LEGAL SYSTEM - Coggle Diagram
THE MALAYSIAN LEGAL SYSTEM
What is LAW?
A body of rule which is enforceable by the State
Law in relation to justice
The purpose is to attain justice in society
Law, the State & Constitution
Malaysia that consists of Peninsular Malaysia, Sabah and Sarawak is one political unit even though it is not governed by the same set of laws.
The Parliament
Does legislate for the whole country.
The Federal Court
Final court for appeal for the whole country.
Constitution
Parliament exist under constitution therefore all action must consistent with the constitution. It is void if it is inconsistent.
Legislation
Refers to law enacted by a body constituted for this purpose.
Legislative
Executive
Federal Constitution
Subsidiary Legislation
Judiciary
Classification of Law
Public Law
The law which governs the relationships between individuals and the State.
International Law
Law that regulates between one state and another.
Private Law
Law between one individual and another.
Malaysian Constitution & Sources of Law
Historical Sources
Factors that influence the development of the law (eg. religious beliefs).
Legal Sources
Legal rules that make up the law.
Written law
The Federal and State Constitution
Legislation enacted by Parliament and State Assemblies
Subsidiary Legislation
Unwritten Law
English law
Used as a source of law which was provided in Section 3 & 5 of Civil Law Act 1956.
Historical sources
Factors that have influenced the development of the law.
Case law
The judge follow the previous decision made by the previous judge in a same case as the previous.
The Judicial System
Federal Court
Ranks at the highest in hierarchy of courts on Malaysia. eg: Criminal, civil and bankruptcy cases.
Court of Appeal
It has jurisdiction to hear and determine any appeal against any High Court decision on criminal matters. Eg: The judgment or order is made by consent of parties, Where by virtue of any written law the judgment or order of the High Court is final.
High Court
It has jurisdiction to hear appeals from subordinate courts, but not small criminal and civil cases. Eg: Criminal Division, Civil Division, Criminal Division.
HIgh court in Peninsular Malaysia
HIgh court in Sabah & Sarawak
Sessions Court
It has jurisdiction to hear any types of criminal cases except those dealing with a death sentence. Eg: Civil Jurisdiction, Criminal Jurisdiction.
Magistrate Court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Eg: Criminal cases
1st class magistrate
Civil case where amount in claim is not more than RM100,000
2nd class magistrate
Claims of not more than RM10,000
Special Courts
There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers. Eg: criminal offenses committed by YDPA or the Rulers and all civil cases involving YDPA or the Rulers.
Juvenile Court
Specially for minor case between 10 to 18. Eg: civil matters, Criminal matters arising from antisocial behaviour by the child.