Chp 1 : Intro to Malaysian legal system.

(1st vid)
most of our law followed british law
-influenced the malaysian legal system

1st : What is law ?

-general rule of conduct
-body of enacted customary rules recog by COURT and BINDING
-recognised by GOVT
-all countries have their own law
-will be bound by that particular country

3 types of law :
1. written law
2. common law
3. customary

classification of law :?
Law
1. Public law - anybody who commit this crime,will affect the public

i )constitiunal law : HIGHEST LAW

federal const.- designed by govt to admin the country at large
-written law
-eg : rights of bumitera, religion of a specific state, rights of bahasa melayu,

ii)criminal law :eg :murder,armed robbery, harrasment

-the govt is the one that will bring the case to the doer, not the fam.
-the family of the victim will only report the case.

2. Private law - dispute between individual,parties

- govt does not involve with the cases
eg :
i )contracts law :
ii)law of tort : refers to whereby " everyone has a duty of care to other party "
: duty of caere to other party
: eg : expired food, so neglicence of firm to the customer

iii) trust : trustee and the beneficiary

: breach of trust, scam

3. International Law (dispute between country and country )

exmple : malaysia and singapore

both country is competing for pulau batu putih (territorial)
-which law is the pulau batu putih use
-international court (holland )

-private law
-public law
(2nd vid)

Sources of law
types :
1.written law
2.unwritten law
3.islamic law

1.written law
catgeory ?
i. federal and state constituition

federal
-supreme, highest authority ,YDPA
-consist of written article

how it was designed ?

-elections,members of parliament (MP),rule malaysia
-MP allowed to draft a motion, make a law
- 2/3 of agreement of mp, and need royal agreement
- make new law, ammend the existing law, delete law
-the rights of bumiputera,religions of state

state
- adun, rule state : eg KL
- state sitting
- rule states : land matters and religious matters
-govt has no interference on these two matters above

eg, kelantan : pas

kl : bn

ii.legislation (acts, ordinance)

-law that was written and agreed by MP

iii. subsidary legislation

- add new things to the existing law

2.unwritten law

i. english law
ii. judicial decision

IF declaratory : have similar cases previously

- the judges must judge based on the similar previous cases
- declatory judcial decisions

IF original : new cases

- case never happend before
 - therefore, the judges may decide on his own

iii.customary law
- adat perpatih (n9) : died dad property will go to elder siblings
- marriage

3.islamic law
- small segments only
- only applicable to family and religious matter only
- marriage,divorce, inheritance, guardianship
- not applicabe to non muslim

(3rd vid)

Judicial system in Malaysia

-judciary have the power to decide civil and criminal cases
-court will decide by using court system

how court system works ?

2 level
hierarchy

1. superior courts :upper level

-can hear the appeal
-consists of 3 courts

by level :
i.federal
ii.court of appeal
iii.high court -malaysia, sabah sarawak (jurdistion separate )

2. subordinate courts : lower level

by level :
i.session court
ii.magistrate court
iii.juvenile

eg : theft in kelantan

so, they will start w lower level court and goes to upper IF there are appeal

tried the case at lower level:

1.magistrate court or session court depends on the
seriousness
: fined 50k to the thieves,5 years prison

theives does not happy with the decision, he appeal to the upper level :
2. high court
:fined 50 k also and 5 years prison
theives still not happy with the decision, he appeal to the upper level"
3. court of appeal : 3 or 5 judges ,odd
:fined 50 k also and 5 years prison

theives still not happy with the decision, he appeal to the upper level"
4. federal courts
: last decison, final appeal

ANYBODY CAN APPEAL either victim or the thieves and in any level

lower level
plaintiff : the one who brought the case
defendant : brought against

upper level :
appalant : the one who appeal to the upper level ,either defendant or plaintiff
respondents : in contra

Other special courts ?

0. Special power : pardoned by YDPA
- if recomendded by the prison supervisor
- during ydpa's birthday usually
- after the upper level : federal courts

1. shariah courts
- to determine in regard to islamic law : family issue, inhertance,divorce

2. industrial courts
- dispute between employers and employee
- eg fired for no reason
- we want to settle it immediately since it related to income, if goes to
normal court,long time

3.martial courts
-closed courts for ARMY only
- discrete, dont want to reduce confidence of public in army

4.juvenile courts (for minor under 18 when the crime is commited)

-17 during the commited
-immune before the law
- rehab centre or juvenile schools only no matter how serious
- closed

5.muamalah court
-islamic transaction cases
-banking, finance