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Legal Studies (Law 66004) Introduction To Law (Law 63704) : Malaysian Legal System (Part 2)

The document discusses the Malaysian legal system and court structure. It notes that English law is part of Malaysian law when there is no local law or when it is suited to local circumstances. It then outlines the hierarchy of Malaysian courts, which includes the Federal Court, Court of Appeal, High Court, Sessions Courts, and Magistrate Courts. Specialized courts like Syariah Courts, Industrial Courts, and Native Courts are also mentioned. The doctrine of binding precedent, originating from English law, requires lower courts to follow legal findings of higher courts in similar cases to provide consistency.

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78 views2 pages

Legal Studies (Law 66004) Introduction To Law (Law 63704) : Malaysian Legal System (Part 2)

The document discusses the Malaysian legal system and court structure. It notes that English law is part of Malaysian law when there is no local law or when it is suited to local circumstances. It then outlines the hierarchy of Malaysian courts, which includes the Federal Court, Court of Appeal, High Court, Sessions Courts, and Magistrate Courts. Specialized courts like Syariah Courts, Industrial Courts, and Native Courts are also mentioned. The doctrine of binding precedent, originating from English law, requires lower courts to follow legal findings of higher courts in similar cases to provide consistency.

Uploaded by

wj
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LEGAL STUDIES (LAW 66004)

INTRODUCTION TO LAW (LAW


63704)
MALAYSIAN LEGAL SYSTEM (PART 2)

English Law

 English law is part of the laws of Malaysia – Section 3(1) Civil Law Act 1956.
 It will be applicable when (i) in the absence of a local law; and (ii) must be suited
to local circumstances1.

Malaysian Court System

 The function of the court is to hear and determine criminal and civil disputes, by
interpreting the laws (both written and unwritten).
 The Malaysian court system is a hierarchy/pyramid court system – basically
means the ranks of the courts. It sets the type of case to heard by a particular
court and it’s appeal process.
 The court structure is divided into (i) the superior courts (ii) the lower courts.

Federal Court The highest court in Malaysia. Hears


civil appeals from the Court of Appeal
(with leave). Hears criminal appeals
from the Court of Appeal (but only in
matters heard by the High Court
originally)

Court of Appeal Hears civil appeals from the High Court


(with leave). Hears appeals in criminal
matters from the High Court. The Court
of Appeal is the final level for cases
begun in the subordinate courts.

High Court (of Malaya & Sabah & Hear civil matters where the dispute is
over RM1 million. Hear criminal matters
Sarawak)
that are punishable by death. Hear
appeals from the subordinate courts in
relation to civil.
Sessions Courts Hears civil matters where the dispute is
less than RM1 million
Magistrate Courts Hears civil matters where the dispute is
less then RM100,000.

 Syariah Courts – deals with matters pertaining to the religious laws of the
Muslims.

1
Malaysia comprises of people of various race and religions, practicing different customs and
religion.

1
LEGAL STUDIES (LAW 66004)
INTRODUCTION TO LAW (LAW
63704)
 Industrial Courts – deals with trade disputes and matters between employers
and employees. It falls under the superior courts.
 Juvenile Courts – criminal matters for those between 10-18 years of age.
Appeals are heard by the High Court. It falls under the subordinate courts.
 Native Court – Applicable in Sabah & Sarawak, pertaining to customs and
native laws for those who are natives (Ibans, Kadazans).

 Doctrine of binding precedent (also known as the doctrine of stare decisis)–


Originated from the English legal system. It basically means that where the
facts of the case are similar - the lowers courts in the hierarchy system must
follow the findings of laws made by the higher court. The doctrine of binding
precedent provides consistency and certainty – “cases alike should be treated
alike”.

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