power is exercised by the legislative, the executive and the judiciary.
The Malaysian Legal System consists of
the Judiciary, the Attorney General Chambers and the Law Firms. The Judicial System in Malaysia The judicial system evolves around the court structure, its hierarchy, their jurisdiction and powers.
The courts in Malaysia can be divided into
Subordinate Courts (Peninsular Malaysia and Sabah & Sarawak) and Superior Courts in Malaysia. The Subordinate Courts The subordinate courts in peninsular Malaysia consists of:
The Penghulus Courts
+ lowest level of subordinate courts + presided over by a penghulu or headman appointed by a State Government + penghulu empowered to hear and determine proceedings of civil claims not exceeding RM50 Magistrates Courts + Deals with minor civil and criminal case + presided over by a Magistrate + possesses jurisdiction to try all offences for which the maximum term of punishment provided by the law not exceed 10 years imprisonment or all offences punishable with fine only. Juvenile Courts
+ deal with criminal offenders below the age of
18 years + the court consists of a magistrate assisted by 2 lay advisors (one should be a women) + the court is closed to members of the public in order to protect the young offender from publicity + if found guilty the offender may be sent to one of the approved institutions or schools where he or she is given corrective education Sessions Court + the highest of the subordinate or inferior courts + It is under charge of the Sessions Court Judge + Its criminal jurisdiction extends to all offences other than offences punishable with death (death sentence) + in civil matters, it has jurisdiction to try all actions and suits where the amount of dispute does not exceed RM300,000. Matters relating to land, specific performance or recession of contracts, injunction, probate and administration of estates, divorce, bankruptcy, trusts and accounts an application has to be made to the High Court The Subordinates in Sabah & Sarawak The Native Court + is peculiar only to Sabah & Sarawak + exercise jurisdiction over matters affecting native customs where the parties are native (Ibans, Bidayuhs, Kalabits, Muruts, Penans etc) Magistrates, Juvenile and Sessions Courts + operate similar to their counterparts in Peninsular Malaysia and are govern by the same statutes The Superior Courts in Malaysia Comprises 2 High Courts the High Court of Malaya and the High Court in Sabah & Sarawak, the Court of Appeal and the Federal Court. The High Court + consists of 2 Chief Judges one in Peninsular Malaysian and one in Sabah & Sarawak + there are > 60 judges and judicial commissioners + their jurisdiction is original that is it has unlimited criminal and civil powers, appellate and supervisory + any civil matter which cannot be determined in the subordinate courts is heard before the High Court + has jurisdiction to try all civil proceedings
The High Court of Malaya in Kuala Lumpur is recognized
into the following divisions: + Commercial + Appellate and Special Powers + Civil + Criminal
Each division has a separate registry with a Senior
Assistant Registrar assigned to each judge The Industrial Court + a tribunal that exercise judicial or quasi- judicial functions established to relieve the ordinary courts of some of their work and provide specialized adjudication of disputes of a technical character + constituted under the Industrial Relation Act 1967, deals primarily with trade disputes and has jurisdiction over matters concerning employers, employees and trade unions. The Court of Appeal + any appeal on the decision made by the High Court on a case can be made and filed to the Court of Appeal to be reviewed again by the judges of the Appeal Court
The Federal Court
+ the last frontier for a complainant to apply for another review on the case after the appeal made at the Appeal Court failed The Attorney Generals Chambers The objective of the Attorney General Chambers is to provide legal services to the government, government agencies and the public. Their functions among others are: To give legal advice and views to the Malaysian Government in accordance with principles taking into account the policy of Malaysian Government and public policy To advice the Federal and State Government on all legal matters including syariah To draft all legislation for the Federal Government To provide prosecution instructions to all related law enforcement agencies To represent the Government in civil cases To revise and reprint the laws of Malaysia and to undertake law reform Law Firms (Advocate and Solicitors) These are law firms that provide services to the public that wanted to pursue any complaint or defend themselves against a complainant to the court against another party either individual, organization or government. They usually put a large amount of fees for the service that they provided. They represent and speaks for their client in the court. The Bar Council of Malaysia