1.Introduction to Law.....

8/9/2019 1.Introduction to Law.....

1/28

MALYSIAN LEGAL SYSTEM


2/28

NATURE OF LAW

Laws resemble morality because they are designed to control oralter our behavior. But unlike rules of morality, laws are enforced bythe courts; if you break a law -- whether you like that law or not --you may be forced to pay a fine, pay damages, or go to prison.

In the O ford dictionary, law is defined as !body of enacted orcustomary rules recogni"ed by a community as binding#.

$ir %ohn $almond in his book, Jurisprudence, defines law as !the body of principles recogni"ed and applied by the state in theadministration of &ustice.

In short, law may be defined as a body of rules which are enforced by the state.


3/28

CLASSIFICATION OF LAW

i' Public Law

(ublic law deals with matters that affect society as awhole.

It includes areas of the law that are known as criminal,constitutional and administrative law.

)hese are the laws that deal with the relationship betweenthe individual and the state


4/28


ii' Private Law

(rivate law, on the other hand, deals with therelationships between individuals in society and is used

primarily to settle private disputes .. (rivate suits arealso called *civil* suits.+ontract, )ort, )rust, ..


5/28


International Law

International laws are prevail between states.

International law is defined as the body of law which is composedfor greater part of the principles and rules of conduct with thestates feel themselves bound to observe and conse uentlycommonly do observe in their relationship with each other.

(ublic International Law(rivate International Law +onflict of Laws'


6/28

SOURCES OF MALAYSIAN LAW

)he term !$ources of /alaysian Law# means thelegal sources, i.e. the legal rules that make up thelaws in /alaysia.

/alaysian law can be classified into written lawand unwritten law.


7/28


8/28

I) FEDERAL CONSTITUTION

/alaysia is a 2ederation of thirteen $tates with awritten constitution, the 2ederal +onstitution,which is the supreme law of the country.

)he rights that written into the constitution canonly be changed by a two-third ma&ority of thetotal number of members of the legislature


9/28

II) LEGISLATION

Legislation refers to law enacted by a body constitutedfor this purpose.

In /alaysia , laws are legislated by parliament at 2ederal

level and by the various $tate legislative 3ssemblies atstate level.

Laws that are enacted by (arliament are called Acts.(arliament and the $tate Legislatures are not supreme.)hey have to enact laws sub&ect to the provisions set outin the 2ederal and $tate +onstitutions.


10/28

III $%&$I'IAR( LE)I$LATI*N

)he Interpretation 3ct 4567, defines subsidiary legislationas 8any procla+ation, rule, re#ulation, order,notification , by-law or other instrument made under anyOrdinance, 9nactment or other lawful authority and having

legislative effect:.

$ubsidiary legislation is very important as legislation by

(arliament and state legislation is insufficient to providethe laws re uired to govern everyday matters.

$ubsidiary legislation enacted by ang di-(ertuan 3gong,/inisters and local authorities, among others.


11/28

UNWRITTEN LAW


12/28

I) ENGLISH LAW

9nglish Law forms part of the laws of /alaysia.

9nglish Law can be found in the En#lish co++on law =rules of e uity.

)he application of law of 9ngland throughout /alaysia issub&ect to two limitations1

i' it is applied only in the absence of local statutes on the particular sub&ects.ii' only that part of the 9nglish law that is suited to localcircumstances will be applied


13/28

II) JUDICIAL DECISIONS/alaysian law can be found in the &udicial decisions of the>igh court, +ourt of 3ppeal and 2ederal +ourt .

%udges do not decide cases arbitrary. )hey follow certain

accepted principles commonly known as precedents.

(recedents are basically decisions +ade by /ud#es previouslyin si+ilar situations.

9 ample1 if the supreme court made a decision in 45?7 andassuming the facts before a >igh court &udge deciding a case in455@ are similar to the said $upreme +ourt case, the >igh+ourt &udge must decide the case before him by applying the

principles laid down by the $upreme +ourt in 45?7.


14/28

III)CUSTOMS

+ustoms of local inhabitants which have been acceptedas law by the courts in /alaysia are also a source of law.

Aenerally customs relating to family law i.e. marriage,divorce and inheritance are given legal force by thecourts in /alaysia .


15/28

MALAYSIAN JUDICIAL STRUCTURE)he federal constitution provides that power is e ercised bythe Le#islative, the e0ecutive and the /udiciary .)he &udiciary has the power to hear and determine civil =criminal matters.

)he &udicial power of /alaysia is vested in the 2ederal +ourt,the +ourt of 3ppeal, the >igh +ourt and subordinate +ourts.)he court system illustrated as fellow 1

$uperior courts 1 >igh +ourt, +ourt of 3ppeal, 2ederal +ourt

$ubordinate "ourts1 /agistrate +ourt, $essions +ourts


16/28

SUBORDINATE COURTS

i 2a#istrate "ourt 1)he /agistrates: +ourt deals with minor civil and criminalcases. )here are two categories of magistrates-first class +a#istrates

-second class +a#istrates.

+ivil /atters4st +lass magistrate1-amount in dispute or value of sub&ect-matter does not e ceed C,@@@ ringgit.

3 nd class magistrate can only try actions concerningrecovery of a debt or li uidated demand on money note ceeding D,@@@ ringgit.


17/28

SUBORDINATE COURTS

"ri+inal 2atters 1

3 first class magistrate can try offences1i' punishable by fine only

ii' punishable by imprisonment not e ceeding 4@ yearsiii' involving robbery, lurking, house-trespass or house breaking at ni#ht .

3 second class magistrate can try offences1 i' punishable by fine only, or

ii' punishable by imprisonment not e ceeding 4 ear


18/28

SUBORDINATE COURTS

ii) $essions "ourts 1

)he $essions +ourt is the highest subordinate court and isunder the charge of a $essions +ourt &udge.

In "ivil +atters, the $essions +ourt is empowered to dealwith all claims up to the value of R23,444,444.

It also has unlimited &urisdiction to hear matters involvingaccidents, landlord and tenant and distress proceedings.

In cri+inal matters, it can try all offences e cept those punishable by death e.g. murder, arson, kidnapping ordrug trafficking'.


19/28


20/28

SUPERIOR COURTS

In the e ercise of its appellate /urisdiction , it hascivil and criminal appeals from the /agistrates:and $essions +ourts.

In the e ercise of its $upervisory /urisdiction , ithas &urisdiction over all subordinate courts. 0henit desirable, the >igh +ourt may call for the recordsof any proceedings in the subordinate courts,whether civil or criminal, at any stage of such

proceedings.


21/28

SUPERIOR COURTS

ii' "ourt of Appeal 1

)he +ourt of 3ppeal is headed by the (resident of the +ourtof 3ppeal.

On civil matters, it has &urisdiction to hear and determine anyappeal for cases where the amount or value of the sub&ect-

matter of the claim is not less than 4@@@,@@@ ringgit.

On cri+inal matters, it has &urisdiction to hear and determineany appeal against any >igh +ourt decision


22/28


23/28

SPECIAL COURTS (oun# offenders "ourts :

)he 2alaysia "hild Act 5443 , a consolidation of three previouslaws on issues relating to child protection and &uvenile &ustice,namely the %uvenile +ourts 3ct 45F7, 0omen and oung Airls(rotection 3ct 457D and +hild (rotection 3ct 4554.

3buse, neglect, abandonment or e posing a child to physicalandGor emotional in&uries is punishable under this law. )he Lawalso established the Hational +ouncil for the (rotection of+hildren which advises the /inister on child protection issues.

2a/ority Act 3673


24/28

SPECIAL COURTS

The Industrial "ourt :The Industrial "ourt is established under the Industrial Relations Act 3687, and

deals pri+arily with trade disputes.

It consists of a (resident appointed by the ang di-(ertuan and a panel of persons

appointed by the /inister of Law.

)his panel consists of a #roup representin# e+ployers and a #roup representin#

wor9+en. In hearing any trade dispute, the court to be constituted necessarily consists

of the (resident and two members drawn from the panel E one from each group.


25/28

LIABILITY UNDER THE LAW

Liability by definition' is le#al responsibility , the counterpart tolegal right.

In other words, legal liability describes a situation where a

person is le#ally responsible for a breach of an obli#ationi+posed by law.

)he liability may arise due to operation of civil or criminal law.

)he following are the liabilities1i' Contractual liability- ii' Tortuous liability-

iii' Criminal liability-


26/28


i "ontractual Liability:

)his liability arises when there is a breach of a legallyenforceable agreement entered into by two or

personsGparties.

+ontractual liability can even be inform of products

liability which means in&uries to consumers and otherscaused by defective productsGgoods'.


27/28


ii Tortuous Liability:

It is concerned with the breach of a duty imposed bythe law e.g. a breach of duty of care owed by one

person to another.

)he law of tort seeks to compensate the victims ofcertain forms of harmful conduct by an award ofdamage or an in&unction which prevents the same

harm from reoccurring.


28/28

LIABILITY UNDER THE LAWiii "ri+inal Liability:

It is a liability which arises as a result of committing acriminal act by an individual.

It is important to note that a crime is an offence againstthe state. >ence, criminal law is distinctive for the

uni uely serious potential conse uences of failure toabide by its rules.(hysical or corporal punishment may be imposed suchas whipping or caning, although these punishments areprohibited some parts of the world

1.Introduction to Law.....

Documents