INTRODUCTION TO LAW

What is Law?  Law is the enforceable body of rules that govern any society.  Law affects every aspects of our lives, it governs our conduct from the cradle to the grave

CLASSIFICATION OF LAW Malaysian Law Public Law Constitutional Law & Administrative Law Criminal Law Private Law Property LawFamily Law Company Law & Partnership Law Contract LawTort Law

Law is powerful Affects all people, from CEO’s to children Affects most of life, from work to leisure Law is important But which is more important -- written law or the people who enforce it? Law is fascinating Complex, but never just theoretical

Jurisprudence, or “What is Law?”  Legal Positivism -“Law is what the sovereign says it is.” -Decisions stand, regardless of morality.  Natural Law -“An unjust law is no law at all and need not be obeyed.” Laws must have a good moral basis.  Legal Realism -“Enforcement of the law is more important than the law itself.” Enforcers determine if the law is applied in a fair and consistent way.

CIVIL AND CRIMINAL LAW CIVILCRIMINAL Regulates rights and duties of partiesDangerous behavior outlawed by society Victim, not government brings suitGovernment prosecutes accused Compensation is orderedPunishment or fine is imposed Eg. Smith v Brown (Plaintiff v Defendant) Eg. PP v Subramaniam (Public Prosecutor v Defendant)

SOURCES OF LAW IN MALAYSIA COMMON LAWEQUITYCUSTOMSMUSLIM LAWFEDERAL LAWSTATE LAWSUBORDINATE LEGISLATION

THE COURTS IN MALAYSIA FEDERAL COURT COURT OF APPEAL HIGH COURT SESSIONS COURT MAGISTRATES’ COURT PENGHULU’S COURT SPECIALISED TRIBUNALS

THE FEDERAL COURT  May be referred to as the supreme court or the court of final appeal or the court of last resort.  To determine appeals from the CA and HC.  Exclusive jurisdiction to determine disputes between the state or federation and any state.  Constituted by the Chief Justice of the Federal Court, the President of the CA and Chief Judges of the HC.

THE COURT OF APPEAL (CA)  Civil and criminal appellate jurisdiction.  Civil - hears appeals from the High Court, -the amount of the subject in dispute exceeds RM 200,000  Criminal - hears appeals from the High Court in the exercise of its original jurisdiction and in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by the Sessions Court.  In hearing an appeal, the CA has all the powers and duties of the HC, together with full discretionary power to receive fresh evidence and has the power to order a new trial or to reverse or vary a decision of the HC.

THE HIGH COURTS  Civil and Criminal jurisdictions (unlimited)  Civil - the amount of the subject in dispute exceeds RM 250,000 (Contract and Tort).  Hear appeals from Mg. Court, Session Court and other tribunals  Criminal - tries serious crimes ( murder and drug trafficking)  HC also sits as an appeal court.  May impose Death sentence

SESSIONS COURTS  One of the subordinate or inferior Courts.  Limited civil and criminal jurisdictions  Criminal - Can try all offences other than those punishable by death and may pass any sentence allowed by law except the death sentence.  Civil - - Unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress. - The amount of the subject in dispute does not exceed RM 250, Determine actions relating to the recovery of immovable property. - Others matters: legitimacy, guardianship, injunctions, enforcement of trusts, validity and dissolution of marriage etc.

THE MAGISTRATES’ COURTS  FIRST CLASS Criminal - May try all offences punishable with up to 10 years imprisonment or by fine only. Civil – try all suits and actions where the amount in dispute or value of the subject matter does not exceed RM25,000.  SECOND CLASS Criminal - May try all offences punishable with more than 10 years imprisonment or by fine only. Civil - more limited; it can try claims in debt or a liquidated demand in money not exceeding, with or without interest, RM5,000.

THE PENGHULU’S COURT  Exists only in West Malaysia and has very limited civil and criminal jurisdiction.  Civil jurisdictions - limited to actions for the recovery of a debt or liquidated demand in money, with or without interest, not exceeding RM50 in which all the parties are persons of an Asian race speaking and understanding the Malay languange.  Criminal jurisdictions – can try offences of a minor nature. The maximum punishment is fine of up to RM25.

THE TRIBUNAL SYSTEM  TRIBUNAL FOR CONSUMER CLAIMS  CO-OPERATIVE SOCIETIES TRIBUNAL  INDUSTRIAL COURT