MALAYSIAN LEGAL SYSTEM

Question 1

The aim of the law?

Answer 1

To attain justice in society

Question 2

3 classification of law

Answer 2

1) Public
2) Private/Civil
3) International

Question 3

PUBLIC LAW

Between individual and the State

3 main public law?

Answer 3

1) Constitutional law
- basic rights law

2) Criminal law
- offence committed by individuals against the State

3) Administrative law

Question 4

Criminal Law (public)

Offence committed by individuals against the State

Answer 4

Offender/Accused

Prosecution will be done by the Public Prosecutor

Must be BEYOND REASONABLE DOUBT, to convict guilty.

If not guilty, will be acquitted or discharge.

AIM OF THE SENTENCES:
- to punish
- for deterrence
- rehabilation

Question 5

PRIVATE/CIVIL LAW

Between individual and individual

Answer 5

Plaintiff/Defendant

Law of contract, torts, marriage & divorce, inheritance, custody, law of trust etc

Must be on THE BALANCE OF PROBABILITIES, to find Defendant liable

AIM OF THE REMEDIES:
- to compensate
- to punish
- to return things back to normal

Question 6

INTERNATIONAL LAW

Between one state with another (law of sea, air & space law, international trade etc)

2 sub-categories:

Answer 6

1) PUBLIC INTERNATIONAL LAW
- between country

2) PRIVATE INTERNATINAL LAW
- between individual in one country and another individual in another country

Question 7

MALAYSIAN COURT STRUCTURE

List from highest to lowest:

(7 answer)

Answer 7

1) Federal Court

2) Court of appeal

3) High Court

4) Session Court

5) Magistrate Court/Children Court

6) Native court (only in Sabah/Sarawak)

Question 8

1. FEDERAL COURT

Headed by the Chief Justice

Presided by 3 - 9 judges

What is their jurisdiction?

Answer 8

CIVIL :
- Unlimited/exclusive jurisdiction:
hear disputes between The State and Federal Goverment

Hear civil/criminal APPEAL CASES from Court of Appeal

SUPERVISE
- High Court
- Court of appeal

Give opinion to YDPA on constitutional issues.

Question 9

2. COURT OF APPEAL

Headed by the President of the court

Presided by 3 - 5 judges

What is their jurisdiction?

Answer 9

ONLY hear:

• civil/criminal APPEAL CASE from the High Court

Question 10

3. HIGH COURT

Headed by the Chief Judge

Answer 10

CIVIL :
- claim EXCEED RM1 MILLION
- unlimited/exclusive jurisdiction (tgk buku)

CRIMINAL :
- all cases including punishable to death

• may pass any punishment including death

Hear APPEAL case

Supervise the subordinate court

Question 11

4. SESSION COURT

Headed by the Session Court judge

Answer 11

CIVIL :
- claim UNDER RM1 MILLION

• unlimited/exclusive jurisdiction (motor vehicle accident, landlord tenant dispute, distress proceeding)

CRIMINAL :
- all cases except punishable with death

• imprisonment more than 10 years but less than death

Question 12

5. MAGISTRATE FIRST CLASS

Headed by Magistrate

Answer 12

CIVIL :
- claim BELOW RM100000

CRIMINAL :
- prison not exceed 10 year or fine only

• pass prison not more than 5 years
• fine not exceed RM10K
• 12 strokes of whipping

Question 13

5. MAGISTRATE SECOND CLASS

Answer 13

CIVIL :
- claim BELOW RM10K

CRIMINAL :
- prison not exceed 12 month or fine only

• pass prison not exceed 6 months
• fines not exceed RM1K