'Malaysian Legal System\r'

'TUTORIAL CHAPTER : Malayan LEGAL SYSTEM. Q1) The national tourist phi sphereer is the highest motor hotel in Malaysia. The national motor lodge may regard appeals of well-mannered closings of the coquet of motor hotel where the national flirt grants croak to do so. The national Court as well hears sinful appeals from the Court of appealingness, alone only in respect of matters heard by the towering Court in its original jurisdiction i. e. where the wooing has not been appealed from the subordinate Courts. The Court of Appeal gener anyy hears entirely civil appeals against decisions of the high school Courts except where against design or orders do by consent.In cases where the claim is slight than RM250,000, the judgment or order relates to cost only, and the appeal is against a decision of a judge in chambers on an interpleaded summons on undisputed facts, the leave of the Court of Appeal must for the first time be obtained. The Court of Appeal als o hears appeals of criminal decisions of the naughty Court. It is the court of final exam jurisdiction for cases which began in any dependent courts. Somewhat like the former hindquarters Sessions in England, the Sessions Courts check jurisdiction to soften offences which be not punishable by death.They ar commandd oer by Sessions Court make up (formerly Sessions Court Presidents). The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000 but does not exceed RM250,000, except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction. The ism of discriminatory common natural directheadedity works in two ways, vertically and horizontally. Doctrine of legal springs works in vertically with the superior courts bind all courts subordinate to it.In horizontally, it works with the courts that usually an appellant court is bound by its possess preceding(prenominal) d ecision. First,vertical doctrine shows the Superior Courts which involve national official Court, Court of Appeal and High Court. It also contains the subordinate courts which atomic number 18 Sessions Court, Magistrates’ Court, youthful Court and Penghulu’s Court. Horizontal doctrine shows the flow from High Court which is federal Court to the lower court that is Penghulu’s Court. It is bound by its have got previous decision, of its predecessors and coordinate jurisdiction.Second, legal Decisions evoke be found in the High Court, Court of Appeal and the Federal Court and the then(pre titulary) Supreme Council, Federal Court and the Judicial Committee of the Privacy Council. Decisions of these courts atomic number 18 unflurried being make, systematically by the implement of what is called the ‘doctrine of binding judicial precedent’. Judges do not solve cases randomly. They follow original accepted principles normally known as precede nts. Precedents be fundamentally decision made by resolve previously in homogeneous situations.For congresswoman The Federal Court (Superior Court in Malaysia) have decided that a small fry or those who below 18 geezerhood of age, is not liable under a contract. If a youngster is sued in High Court for not fulfilling his obligation in a contract, the High Court entrust follow previous decisions made by the Federal Court. If a judge applies brisk rules without extending it, his decision may be called a declaratory precedent; whereas if the case in advance him is without precedent, then the decisions made by him are called an original precedent.Because of the way the judging is done, judge are constantly contributing to the branch of extempore practice of police in this country. Q2) written police refers to the laws contained in the Federal and reconcile records and in a code or a statute. The written laws are documentary much influenced by position laws as the Malaysian legal system retains many characteristics of the English legal system.. The â€Å"Written law” includes the Federal and reconcile Constitution, Legislation and Subsidiary Legislation. Malaysia is a fusion of 13 assigns with a Federal Constitution and 13 State Constitution.The confederacy Constitution is the supreme law of the country. The Federal Constitution also provides for the â€Å"Yang di-Pertuan Agong” who owes his position to the Constitution and act accordance with it. The Constitution tail only be changed by a two-thirds majority of the total number of members of the legislature. The Federal Constitution comprises many obligates concerning the religion of the federation and many other related subjects. to a fault the Federal Constitution, at that place is a state constitution where each state has their own constitution regulating the government of that state.Legislations refers to the laws that are established by the Parliaments at federal level and by the State legislative Assemblies at the state level. The Parliament and State Legislatures are not supreme and so they have to enact laws subject to the provisions garb out in the Federal and State Constitution. In the Federal Constitution, member 74, it states that parliament may catch law with referring to matters provided in the List I of the one-ninth Schedule while the state legislatives may make law with referring to matter provided in List II.As for matters on List leash which is the Concurrent list, are in the self-assurance of both parliament and state legislatives. Matters that are not in the lists are inwardly the authority of the States. Subsidiary Legislations are made by the good deal or bodies who are authorized by the legislatures. The Interpretation movement 1967 defines subsidiary legislation as rules, regulations, by laws, order, notifications made under legislations. The Legislatures provide sanctioned law, so subsidiary legislation is ver y important is unsufficient to govern day-to-day matters. That is wherefore the authority is delegated to delegate their legislative powers.In Article 150 of Federal Constitution, Parliament bottomland pass the power to legislate any subsidiary legislation during emergency, even if in that respect are any contradictions with the Federal Constitutions involved. The people or bodies who are authorized by the legislatures are the Yang di-Pertuan Agong who is the nominal head of the executive and the Prime see and cabinet is the real executive. The Cabinet is answerable to the Yang di-Pertuan Agong as the nominal head of the executive in the country. However, agree to the democratic ruling system, the Chief decision maker is the Prime Minister.This does not mean that the Yang di-Pertuan Agong is futile to voice any opinion, but quite a that he must act on government advice, whatever his personal affect might be. The Yang di-Pertuan Agong appoints a Cabinet to talk over him on countrys matter. The Cabinet consists of the Prime Minister and a number of Ministers who must all be members of Parliament. anyway that, the Government has set up various agencies to ensure the smooth out enforcement of the law. It comprised of three main components, namely ministries, departments and statutory bodies.Lastly, Islamic law is also a major source of Malaysian law which is enacted under the Federal Constitution. It is only relevant to Muslims and is administered by a separate court system, the Syariah Courts. The State legislature has authority over the constitution, organization and procedure of the Syariah Courts and is also allowed to make Islamic laws pertaining to persons professing the religion of Islam. Q3) The oral law does not mean that the law is literally unwritten. It refers to the laws which are not enacted by the Legislature and which are ot found in the Federal and State constitutions. This category of law comes from cases decided by the Courts and t he local anesthetic customs, which is differently known as common law. The unwritten law mainly comprised of the English law, judicial decisions and custom law. The English Law can be divided into two which are the English moneymaking(prenominal) Law and English trim back Law. In section 5(1) of the civilized Law Act 1956 provides that The English Commercial Law is applicable in peninsular Malaysia except Penang and Malacca as it stood on 7 April 1956 in the absence of local legislation.On the other hand, Section 5(2) of the same act, applies in Penang, Malacca, Sabah and Sarawak as the law administered in these states result be the same as law administered in England, in the like case at corresponding period. As for the English Land Law, none of the English Land Law concerning the tenure, conveyance, assurance of or date to any immovable property or any estate, right or engross therein applies in Malaysia. In Malaysia, subject area Land canon is the law that governs the la nd matters.There is no any allowance for English land law, except in so far the National Land Code might expressly provide. Approaching the judicial decision, judges do not decide arbitrarily. Instead, they are bound to follow certain accepted principles known as precedents. Precedents are defined as ‘a judgment or decision of a court of law cited as an authority for the legal principle embodied in its decision”. The system of binding judicial precedent is called stare decisis. It is created by the English judges and introduced into Malaysia upon colonization.The Malaysian Court system is similar and in fact, influenced by the English Court system which is divided into the Superior and Subordinate Courts. Under the Subordinate Courts, the Penghulu Court is the concluding level and the state government will appoint a headman to preside the court for the specific district. Relating Sabah and Sarawak, both are equally related to the Native Courts that relates to the endem ic peoples customs. A level above is the Magistrates Courts which deals with minor criminal and civil cases and at the highest level are the Sessions Courts.However, the Superior Courts are made up of the High Court, Court of Appeal and Federal Court (which is the highest court in the land). Customs are another important source of unwritten law. Every hunt down has its own customs. Hindu and Chinese common law applied to the Hindus and Chinese respectively. Besides that, natives in Sabah and Sarawak have their own normal law which relates to the land and family matters. In Malaysia, there are two types of Adat which is the Adat Perpateh and Adat Temenggung.Adat Perpateh is practiced among the Malays in Negeri Sembilan and Nanning in Malacca. It uses the matrilineal system which belongs to mothers lineage, center to say it involves the inheritance of property, names or titles from mother to daughters. It also concerns with matters such as land tenure, lineage, inheritance and ele ction of members of lembaga and Yang di-Pertuan Besar. As for Adat Temenggung, it is practiced in other states and it uses the patrilineal system which belongs to fathers lineage.\r\n'