Mind map
Malaysian Legal System
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Malaysian Legal System
FEDERAL SYSTEM
- State Government
- do not have total freedom to make the laws they want.
- have their own legislative assenblies
- National Government
- has no complete power over state governments
- responsible for tourism planning
- Parliament
- Legislature (law maker)
- Sources of Malaysian Law
- Written Law
- Federal Constitution
- Highest Law of the land
- State Constitution
- 13 state constitution
- Legislation
- ( Laws enacted by Parliament or State Legislative Assemblies e.g. Acts, Enactments, ordinance)
- Subsidiary Legislation
- Federal Constitution
- Unwritten Law
- Judicial Decisions
- Custom
- English Law
- The Civil Law Act 1956- English Law forms parts of Malaysian Law provided: (i) there is no local law on the matter (ii) When it is suited to local circumstances
- Common Law
- Equity
- Muslim Law
- Written Law
- The Executive
- implement the laws
- The Judiciary
- Decide cases based on existing law
- THE JUDICIAL SYSTEM
- Federal Court
- formerly known as "Supreme Court"
- Court of Appeal
- High Court in Malaya
- Syariah Court
- Sessions Court
- Court for children (Juvenile Court)
- Magistrates' Court
- Small Claims Court
- Penghulu's Court
- monetary limit < RM5,000
- No legal representation allowed
- monetary limit < RM100,000
- offences punishable with a maximum term of 10 years only or by fine only
- Small Claims Court
- monetary RM100,000< X < RM1,000,000
- matters concerned with motor vehicles, landlord and tenants matters
- hears all criminal cases except offences punishable with death
- cases involving minors (young offenders) except cases carrying the death penalty which are heard in high court. (i.e. person below the age of 18 yrs old)
- monetary limit > RM1,000,000
- Hears probate and administration of estates, divorces, bankruptcy, etc
- High Court in Sabah & Sarawak
- Native court & syariah court
- Sessions Court
- Court for children (Juvenile Court)
- Magistrates' Court
- Small Claims Court
- hear civil and criminal appeals from the High Court
- High Court in Malaya
- hears civil and criminal appeals from the Court of Appeal
- Special court
- hears wrongdoings by a ruler.
- established in 1993, before 1993 rulers enjoyed immunity, rulers cannot be sued
- Other courts & tribunals
- Syariah Court
- deals exclusively with Islamic laws, involving Muslims
- Consumer claims tribunal
- monetary jurisdiction RM25,000 (limit can be exceed if both parties agree in writting)
- no legal representation is allowed,however either carty can bring a family member or a friend to assist at the hearing
- Native Court
- only in Sabah & Sarawak
- invloves natives and deals with native customs
- Industrial Court
- delas with disputes between employer & employee in relation to employment matters
- Syariah Court
- Federal Court
- State Government
Information
- Description
- Mind Map on Malaysian Legal System, created by SHELOMI KWAN SHI on 23/04/2018.
- Created by
- SHELOMI KWAN SHI · Apr 2018
- Updated
- Apr 25, 2018
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- 477
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