Malaysian Legal System

Description

Mind Map on Malaysian Legal System, created by SHELOMI KWAN SHI on 23/04/2018.
SHELOMI KWAN SHI
Mind Map by SHELOMI KWAN SHI, updated more than 1 year ago
SHELOMI KWAN SHI
Created by SHELOMI KWAN SHI over 6 years ago
464
1

Resource summary

Malaysian Legal System
  1. FEDERAL SYSTEM
    1. State Government
      1. do not have total freedom to make the laws they want.
        1. have their own legislative assenblies
        2. National Government
          1. has no complete power over state governments
            1. responsible for tourism planning
              1. Parliament
                1. Legislature (law maker)
                  1. Sources of Malaysian Law
                    1. Written Law
                      1. Federal Constitution

                        Annotations:

                        • Highest Law of the land
                        1. State Constitution

                          Annotations:

                          • 13 state constitution
                          1. Legislation

                            Annotations:

                            • ( Laws enacted by Parliament or State Legislative Assemblies e.g. Acts, Enactments, ordinance)
                            1. Subsidiary Legislation
                        2. Unwritten Law
                          1. Judicial Decisions
                            1. Custom
                              1. English Law

                                Annotations:

                                • 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
                                1. Common Law
                                  1. Equity
                                2. Muslim Law
                              2. The Executive
                                1. implement the laws
                                2. The Judiciary
                                  1. Decide cases based on existing law
                                    1. THE JUDICIAL SYSTEM
                                      1. Federal Court

                                        Annotations:

                                        • formerly known as "Supreme Court"
                                        1. Court of Appeal
                                          1. High Court in Malaya

                                            Annotations:

                                            • Syariah Court
                                            1. Sessions Court

                                              Annotations:

                                              • Court for children (Juvenile Court)
                                              1. Magistrates' Court
                                                1. Small Claims Court
                                                  1. Penghulu's Court
                                                    1. monetary limit < RM5,000
                                                      1. No legal representation allowed
                                                      2. monetary limit < RM100,000
                                                        1. offences punishable with a maximum term of 10 years only or by fine only
                                                        2. monetary RM100,000< X < RM1,000,000
                                                          1. matters concerned with motor vehicles, landlord and tenants matters
                                                            1. hears all criminal cases except offences punishable with death
                                                              1. 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)
                                                              2. monetary limit > RM1,000,000
                                                                1. Hears probate and administration of estates, divorces, bankruptcy, etc
                                                                2. High Court in Sabah & Sarawak

                                                                  Annotations:

                                                                  • Native court &amp; syariah court
                                                                  1. Sessions Court

                                                                    Annotations:

                                                                    • Court for children (Juvenile Court)
                                                                    1. Magistrates' Court
                                                                      1. Small Claims Court
                                                                  2. hear civil and criminal appeals from the High Court
                                                                  3. hears civil and criminal appeals from the Court of Appeal
                                                                  4. Special court
                                                                    1. hears wrongdoings by a ruler.
                                                                      1. established in 1993, before 1993 rulers enjoyed immunity, rulers cannot be sued
                                                                      2. Other courts & tribunals
                                                                        1. Syariah Court
                                                                          1. deals exclusively with Islamic laws, involving Muslims
                                                                          2. Consumer claims tribunal
                                                                            1. monetary jurisdiction RM25,000 (limit can be exceed if both parties agree in writting)
                                                                              1. no legal representation is allowed,however either carty can bring a family member or a friend to assist at the hearing
                                                                              2. Native Court
                                                                                1. only in Sabah & Sarawak
                                                                                  1. invloves natives and deals with native customs
                                                                                  2. Industrial Court
                                                                                    1. delas with disputes between employer & employee in relation to employment matters
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