Malaysia Legal System

Mieyyahh M.

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Malaysia Legal System

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Malaysian court system, Federal Court, Court of Appeal, High Court, Sessions Court, Magistrates' Court, Special Court, Juvenile Court, criminal jurisdiction, civil jurisdiction, civil case, criminal case, trial by jury, original jurisdiction, appellate jurisdiction, revisionary jurisdiction, Yang di-Pertuan Agong, Malay Rulers, Attorney General, Law Reform Marriage and Divorce Act 1976, Child Act 2001, criminal law, civil law, judicial system, legal proceedings, court hierarchy, Malaysia legal system, Attorney General Chambers, law firm, superior courts, subordinate court, criminal liability, civil liability, legal representation, jurisdiction limits, road accident, landlord tenant disputes, distress proceedings, matrimonial case, offence punishable by death, natural life sentence, death sentence, Federal Constitution of Malaysia, Malaysia

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At the end of this chapter, students should be able to elaborate on the Malaysia Legal System. (CO1:PO3)

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[...] The standard of proof is also very different in a criminal case versus a civil case. Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way). The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe. CRIMINAL VS CIVIL • Here are some of the key differences between a criminal case and a civil case: 4)Criminal cases almost always allow for a trial by jury. [...]

[...] The same conduct led to a murder trial (criminal) and a wrongful death trial (civil). In part because of the different standards of proof, there was not enough evidence for a jury to decide that OJ Simpson was guilty "beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the jury found enough evidence to conclude that OJ Simpson wrongfully caused his wife's death by a "preponderance of the evidence". (http://criminal.findlaw.com/criminal-law-basics/thedifferences-between-a-criminal-case-and-a-civilcase.html#sthash.D5UmSeq3.dpuf) SESSIONS COURT • A Sessions Court has the jurisdiction to hear both criminal and civil cases and is presided by a Sessions Court Judge Criminal Jurisdiction • A Sessions Court has the jurisdiction to try all offences other than offences punishable with death. [...]

[...] • Where the amount claimed does not exceed RM5,000-00, you may wish to file your claim in the small claims division of the Magistrates Court. For these small claims, the procedure is less formal and you must be prepared to conduct the case yourself, as legal representation (lawyer) is not permitted. JUVENILE COURT • Court for Children was established under the Child Act 2001. Section 2 of the Act defines “Child” as a person under the age of eighteen years, and for the purposes of criminal proceedings, means a person who has attained the age of ten. [...]

[...] Family Division : Formerly, the Family Court was part of the Civil Division. Now, it is a Division by itself and hearing matrimonial (marital) cases under the Law Reform (Marriage and Divorce) Act 1976. CRIMINAL VS CIVIL • Crimes are generally offenses against the state, and are accordingly prosecuted by the state. • Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another. • Here are some of the key differences between a criminal case and a civil case: Crimes are considered offenses against the state, or society as a whole. [...]

[...] The Malaysia Legal System consists of the Judiciary, the Attorney General Chambers and the Law Firms. Judiciary FEDERAL COURT COURT OF APPEAL SPECIAL COURT Superior Courts HIGH COURT SUBORDINATE COURT - Sessions court - Magistrate court - Juvenile court Subordinate Courts FEDERAL COURT • The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. • The Federal Court hears appeals from the Court of Appeal. [...]

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