BTW1042 W1 Notes

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W1 - Introduction to the Malaysian Legal System

W2- Tort Law, Negligence


legislation = law-making
jurisdiction = official power to making deicision
defendant = the person who got sued
Claiment / Plaintiff = the person who brings the c
salient = important
solicit = request for

courts

first-class magistrates =

Magistrate courts second class =

Session Courts

no limit on the damages


to be claimed
only civil case worth
more than RM10,000
may be brought to high
superior courts court

Court of Appeal has the authori


1. to determine the
Federal court
(Mahkamah 3. to determine any que
Persekutuan)
er to making deicision
who got sued
person who brings the case to the court

Subordinate court

Civil matters Criminal matters

max of:
1. 5 years of imprisonment
2. a fine of up to RM10,000
3. whipping of 10 strokes; or
all actions & suits not exceed 4. Any sentence combining the
st-class magistrates = RM100,000 sentences mentioned above

1. punishable by fine not exceeding


RM1,000
2. penalty not exceeding 6 months
cond class = below RM10,000 in prison

1. unlimited jurisdiction of motor


vehicle, landlord, tenant... where the
amount of dispute of matter does not 1. all criminal offences other than
exceed RM1 million those that are punishable by death

1. Divorce and matrimonial


proceedings for non-muslim
2. matters relating to bankruptcy/ they have the authority to try any
o limit on the damages winding-up for companies crime, including those are
to be claimed 3. appointment of guardians of punishable by death.
only civil case worth infants; or
more than RM10,000 4. grant of probates of wills, criminal appeals from subordinate
may be brought to high testaments, letters of administration court may also be heard in high
court of estates of a deceased person court.
High Court
has the authority to hear and decide appeals made by the high court
1. to determine the validity of any law made by the parliament or legislature of any state
2. hear disputes on any issues between states or federal gov
3. to determine any question arises before another court as to affect of any provision under the
federal court
4. agong may refer to federal court for opinions

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