Malaysian Judicial System Overview
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Questions and Answers

What is one of the original jurisdictions of the Federal Court?

  • Handle only civil matters of less than RM 250,000
  • Determine the validity of laws made by Parliament (correct)
  • Decide disputes between individuals
  • Hear appeal cases from the High Court

    • Under which jurisdiction can the Federal Court provide opinions on constitutional provisions?

  • Appellate jurisdiction
  • Original jurisdiction
  • Advisory jurisdiction (correct)
  • Referral jurisdiction

    • What amount of civil claims can the Court of Appeal determine appeals for?

  • Over RM 1 million
  • Any amount
  • Less than RM 250,000
  • More than RM 250,000 (correct)

    • Which court has appellate jurisdiction to hear appeals related to serious criminal matters?

    <p>High Court</p> Signup and view all the answers

    What is the minimum claim value for civil matters to be heard by the High Court?

    <p>RM 1 million</p> Signup and view all the answers

    What type of jurisdiction allows the Federal Court to handle disputes involving states and federal government?

    <p>Original jurisdiction</p> Signup and view all the answers

    Which of the following functions is NOT associated with the Court of Appeal?

    <p>Hearing original criminal cases</p> Signup and view all the answers

    What jurisdiction allows the High Court to hear appeals related to values less than RM 10,000?

    <p>Appellate jurisdiction</p> Signup and view all the answers

    What type of jurisdiction allows the High Court to examine records of proceedings from Subordinate Courts?

    <p>Supervisory Jurisdiction</p> Signup and view all the answers

    Which jurisdiction of the Session Courts has an unlimited capacity for civil cases related to motor vehicle accidents?

    <p>Original Jurisdiction</p> Signup and view all the answers

    What is the maximum amount in dispute that the Magistrates Courts can hear for a civil case under first class magistrate jurisdiction?

    <p>RM 100,000</p> Signup and view all the answers

    Which jurisdiction allows the High Court to review decisions made by administrators?

    <p>Judicial Review</p> Signup and view all the answers

    What type of offenses does the Session Courts have jurisdiction to try in their original criminal jurisdiction?

    <p>All criminal offenses except those punishable by death</p> Signup and view all the answers

    What jurisdiction does the Magistrates Court hold over offenses that provide for imprisonment not exceeding 10 years?

    <p>Criminal jurisdiction of both first and second class magistrates</p> Signup and view all the answers

    In which scenario does the Session Court have a supervisory role over the Magistrates Court?

    <p>Calling and examining records of civil proceedings</p> Signup and view all the answers

    What is the role of the first class magistrate regarding small claims?

    <p>Hears cases claiming amounts less than RM 5,000</p> Signup and view all the answers

    What is the maximum amount that can be claimed in the small claims division of the Magistrates Court?

    <p>RM5,000</p> Signup and view all the answers

    What type of jurisdiction does a Second Class Magistrate have for civil matters?

    <p>Original jurisdiction for claims up to RM10,000</p> Signup and view all the answers

    Which of the following is NOT a valid ground for a consumer to lodge a claim with the Tribunal for Consumer Claims?

    <p>Dispute over land ownership</p> Signup and view all the answers

    What must occur upon a claim being lodged in the Tribunal for Consumer Claims?

    <p>A notice of hearing will be issued</p> Signup and view all the answers

    Which claim is explicitly excluded from the jurisdiction of the Tribunal for Consumer Claims?

    <p>Claims related to personal injury</p> Signup and view all the answers

    In the context of consumer claims, what does the term 'consumer' refer to?

    <p>An individual acquiring goods for personal use</p> Signup and view all the answers

    What is a requirement for parties during a hearing in the Tribunal for Consumer Claims?

    <p>Each party must present evidence and witnesses</p> Signup and view all the answers

    Which of the following statements is true regarding the implied guarantees in consumer claims?

    <p>Manufacturers must uphold implied guarantees under the Act</p> Signup and view all the answers

    What authority handles all matters concerning the Islamic religion except for law and justice?

    <p>Majlis Agama Islam</p> Signup and view all the answers

    Which of the following statements correctly describes the Federal Constitution?

    <p>It is the supreme law of the country.</p> Signup and view all the answers

    The YDPA serves as the head of the religion of Islam in which of the following areas?

    <p>Federal Territories without a Ruler</p> Signup and view all the answers

    What is the role of the Mufti in the context of Islamic law?

    <p>To determine Islamic laws</p> Signup and view all the answers

    Which of the following is NOT included in the basic rights provided by the Federal Constitution?

    <p>Right to universal health care</p> Signup and view all the answers

    What is the primary division of international law?

    <p>Public and Private International Law</p> Signup and view all the answers

    Under which section does the application of English common law in West Malaysia fall?

    <p>Section 3(1)(a)</p> Signup and view all the answers

    Which form of law is governed by local legislation in Malaysia?

    <p>Common Law</p> Signup and view all the answers

    What must be true for the principles of English law to be applicable under the Civil Law Act?

    <p>The principles must align with local practices</p> Signup and view all the answers

    What date marks the enforcement of English common law in Sarawak according to the Civil Law Act 1956?

    <p>12 December 1949</p> Signup and view all the answers

    What type of law includes judicial decisions and customs?

    <p>Unwritten Law</p> Signup and view all the answers

    Which section outlines the conditions for English commercial law application in West Malaysia?

    <p>Section 5(1)</p> Signup and view all the answers

    What defines customary law?

    <p>Traditions and practices recognized by communities</p> Signup and view all the answers

    What is the primary legal principle behind the doctrine of binding precedent in Malaysia?

    <p>Judges must follow the decisions of similar cases.</p> Signup and view all the answers

    Which form of customary law is known for its matrilineal system?

    <p>Adat Perpatih</p> Signup and view all the answers

    What is the term used for the legal reasoning behind a court's decision?

    <p>Ratio decidendi</p> Signup and view all the answers

    What distinguishes Adat Temenggung from Adat Perpatih?

    <p>Adat Temenggung is based on a patrilineal system.</p> Signup and view all the answers

    Which of the following statements accurately describes the concept of stare decisis?

    <p>It emphasizes the importance of legal consistency in rulings.</p> Signup and view all the answers

    In the context of customary law in Malaysia, what term refers to the customs and traditions specific to the Malay community?

    <p>Malay Customary Law</p> Signup and view all the answers

    Which type of customary law is associated with the Natives of Sabah and Sarawak?

    <p>Native law &amp; custom</p> Signup and view all the answers

    What must be established for a custom to have the force of law in Malaysia?

    <p>Widely accepted and practiced over a long period.</p> Signup and view all the answers

    What is the primary focus of public law?

    <p>Rules governing relationships between individuals and the state</p> Signup and view all the answers

    Which jurist defined law as a command from a sovereign being to an inferior being?

    <p>John Austin</p> Signup and view all the answers

    How does Karl Marx view law within society?

    <p>As a tool to shape societal structures and relationships</p> Signup and view all the answers

    According to Roscoe Pound's perspective, what is the main purpose of law?

    <p>To serve as a critical tool in social engineering</p> Signup and view all the answers

    What is a defining characteristic of private law?

    <p>It addresses rights and duties among individuals</p> Signup and view all the answers

    What aspect of law does Oliver Wendell Holmes emphasize in his definition?

    <p>The experiences and necessities of society</p> Signup and view all the answers

    Which type of law primarily governs the relations between countries?

    <p>International law</p> Signup and view all the answers

    Which scholar associates law with the rational aspect of human acts?

    <p>St. Thomas Aquinas</p> Signup and view all the answers

    What is the primary function of Malay Customary Law in Sabah?

    <p>To govern matters concerning marriage, inheritance, and property division.</p> Signup and view all the answers

    Which document codified Malay adat laws in Sarawak?

    <p>Undang-Undang Mahkamah Melayu Sarawak (1915)</p> Signup and view all the answers

    Who administers Malay customary laws following recent amendments in Sarawak?

    <p>The Islamic Council of Sarawak and the Shariah Court.</p> Signup and view all the answers

    What aspect of Native Customary Law in Sabah relates to penalties?

    <p>Penalties are expressed mostly in monetary terms.</p> Signup and view all the answers

    What was a significant change regarding Chinese and Hindu customs in Malaysia after 1976?

    <p>Their polygamous marriages were abolished.</p> Signup and view all the answers

    Which school of jurisprudence forms the basis of Islamic law in Malaysia?

    <p>Shafi'i</p> Signup and view all the answers

    What jurisdiction do civil courts not have concerning matters related to Syariah court?

    <p>They cannot interfere in matters defined under Syariah law.</p> Signup and view all the answers

    What was the first codification of native law recognized in Sarawak?

    <p>Ondang-Ondang Lapan (1843)</p> Signup and view all the answers

    What is the primary function of Parliament in the legislative process in Malaysia?

    <p>To enact laws at the federal level</p> Signup and view all the answers

    Which stage of the legislative process involves detailed examination and potential amendments to a bill?

    <p>Committee Stage</p> Signup and view all the answers

    What is required for a Bill to become law after passing through Parliament?

    <p>Royal Assent from the YDPA</p> Signup and view all the answers

    Which of the following best describes subsidiary legislation?

    <p>Laws made under delegated authority</p> Signup and view all the answers

    Which type of legislation is promulgated by the YDPA during a state of emergency?

    <p>Ordinances</p> Signup and view all the answers

    What must occur for subsidiary legislation to be considered valid?

    <p>It must be published in the Gazette</p> Signup and view all the answers

    What is a key concern regarding subsidiary legislation?

    <p>It may bypass judicial review</p> Signup and view all the answers

    Which entity is primarily responsible for creating subsidiary legislation?

    <p>The Executive</p> Signup and view all the answers

    Which type of claims is explicitly excluded from the jurisdiction of the Tribunal for Consumer Claims?

    <p>Claims for personal injury or death</p> Signup and view all the answers

    What type of jurisdiction allows the Second Class Magistrate to hear civil matters?

    <p>Original Jurisdiction up to RM10,000</p> Signup and view all the answers

    In the context of the Tribunal for Consumer Claims, which aspect is not covered under its jurisdiction?

    <p>Title to land</p> Signup and view all the answers

    What must occur after a claim is lodged with the Tribunal for Consumer Claims?

    <p>Issuance of a notice of hearing</p> Signup and view all the answers

    Which of the following statements correctly describes the rights of a consumer against a supplier?

    <p>Consumers have rights related to both express and implied guarantees</p> Signup and view all the answers

    Under which circumstance will the Tribunal for Consumer Claims not accept a claim?

    <p>Claims for personal injury</p> Signup and view all the answers

    Which of the following is a requirement for a party during a hearing in the Tribunal for Consumer Claims?

    <p>Ability to adduce evidence</p> Signup and view all the answers

    What is the original jurisdiction of the High Court regarding civil cases?

    <p>Civil cases involving amounts over RM 1 Million</p> Signup and view all the answers

    In which cases does the Federal Court have advisory jurisdiction?

    <p>Questions referred by the YDPA regarding the Federal Constitution</p> Signup and view all the answers

    What is the role of the Court of Appeal in Malaysia?

    <p>Consider appeals from High Court decisions</p> Signup and view all the answers

    What type of cases falls under the High Court's criminal jurisdiction?

    <p>Serious criminal cases with penalties exceeding 10 years</p> Signup and view all the answers

    What type of appellate jurisdiction does the High Court have regarding civil cases?

    <p>Civil appeals from Subordinate Courts where the value is more than RM 10,000</p> Signup and view all the answers

    What does the Federal Court determine in its original jurisdiction?

    <p>Disputes involving parties from different states</p> Signup and view all the answers

    Which of the following statements about the appellate jurisdiction of the Court of Appeal is correct?

    <p>It determines appeals from the High Court for criminal matters.</p> Signup and view all the answers

    What is the maximum monetary limit for civil suits under the jurisdiction of the Session Courts?

    <p>RM 1,000,000</p> Signup and view all the answers

    Under which jurisdiction can the High Court engage in the review of administrative decisions?

    <p>Revisionary Jurisdiction</p> Signup and view all the answers

    Which of the following statements is true regarding the jurisdiction of First Class Magistrates?

    <p>They have the authority to hear claims up to RM 100,000.</p> Signup and view all the answers

    What type of jurisdiction does the Session Courts possess in relation to their oversight of the Magistrates Court?

    <p>Limited Supervisory Jurisdiction</p> Signup and view all the answers

    For civil claims filed in the small claims division of the Magistrates Court, what is the maximum amount in dispute?

    <p>RM 5,000</p> Signup and view all the answers

    Which jurisdiction allows the High Court to supervise records received from Subordinate Courts?

    <p>Supervisory Jurisdiction</p> Signup and view all the answers

    What type of cases can the Session Courts try in their criminal jurisdiction?

    <p>All criminal offenses except those punishable by death</p> Signup and view all the answers

    What is the maximum imprisonment term for offenses tried under the jurisdiction of First Class Magistrates?

    <p>10 years</p> Signup and view all the answers

    Study Notes

    Malaysian Judicial System

    • The Malaysian judicial system has a hierarchical structure with superior courts at the top and subordinate courts below.

    • The superior courts include the Federal Court, Court of Appeal, and the High Court (with divisions in Malaya and Sabah/Sarawak).

    • Subordinate courts include the Sessions Courts and Magistrates' Courts, also including the Court for Children.

    Federal Court

    • Original Jurisdiction:

      • Determines the validity of laws made by Parliament or State Legislative Assemblies.
      • Decides disputes between states or between states and the federal government.

    • Appellate Jurisdiction:

      • Hears appeals from decisions of the Court of Appeal regarding criminal or civil matters decided by the High Court.

    Court of Appeal

    • Appellate Jurisdiction:
      • Hears appeals from High Court decisions.
      • The subject matter of the claim must be RM250,000 or more or other criteria apply for appeal to be heard.
      • Also hears appeals from the High Court in cases related to original jurisdiction and appeals, or revision, from Session Courts.

    High Court

    • Original Jurisdiction:

      • Can pass any sentence allowed by law.
      • Primarily tries serious criminal cases.
      • Has unlimited jurisdiction in civil cases exceeding RM1 million. Specifics in the 1964 Court of Judicature Act apply.

    • Appellate Jurisdiction:

      • Hears appeals from lower courts (Sessions Courts and Magistrates' Courts). Cases involving claims of more than RM10,000 are heard.

    • Revisionary Jurisdiction:

      • Can review criminal proceedings in subordinate court cases.
      • Examines records of civil or criminal proceedings from subordinate courts.

    • Supervisory Jurisdiction:

      • Reviews administrative or adjudicating body decisions like tribunals.

    Sessions Courts

    • Original Jurisdiction:

      • Tries most criminal offenses excluding those punishable by death.
      • Handles civil cases involving matters up to RM1,000,000, subject to other stipulations. Handles cases involving motor vehicle accidents, landlord/tenant disputes, and contract-related issues.

    • Supervisory Jurisdiction: Has a limited role in reviewing Magistrate's Court proceedings.

    Magistrates' Courts

    • Original Jurisdiction:
      • First Class Magistrate: Handles traffic offenses and smaller criminal matters with fines as the maximum penalty, up to 10 years imprisonment. Limited civil jurisdiction up to RM100,000 for dispute amounts, except in "small claims" where it may handle cases with RM5000 or less.
      • Second Class Magistrate: Similar types of criminal (up to 12 months imprisonment as maximum) and civil jurisdiction (also up to RM100,000, including money claims and liquidated amounts not exceeding RM10,000.)

    Tribunal for Consumer Claims

    • Jurisdiction:

      • Deals with consumer complaints related to false advertising, product safety, supplier rights, implied/express guarantees, and cases not involving personal injury or death, land, estate, or title related claims.

    • Hearing Procedure:

      • Tribunal issues a hearing notice (Form 4).
      • Parties can have legal representation.
      • Evidence, witnesses, and documents are admissible.

    • Awards:

      • Tribunal issues binding awards that can include monetary compensation or order for goods' repair/replacement or refund.

    • Enforcement:

      • Tribunal's awards are equivalent to Magistrate's Court orders.

    • Penalties for Non-Compliance:

      • Penalties include fines and/or imprisonment.

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    Chapter 1- Malaysian Legal System (Part 2) PDF
    Chapter 1 - Malaysian Legal System PDF

    Description

    Explore the hierarchical structure of the Malaysian judicial system, including the roles of the Federal Court, Court of Appeal, and subordinate courts. Understand the original and appellate jurisdictions that govern legal proceedings in Malaysia.

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