Malaysian Legal System

These flashcards cover key terms and concepts related to the Malaysian legal system and judicial processes.

Superior Courts

These include the Federal Court, Court of Appeal, and High Court.

Subordinate Courts

These include Sessions Court, Magistrates’ Court, and Court for Children.

Second Class Magistrates Court

Handles disputes not exceeding RM10,000 and criminal offences not exceeding 12 months imprisonment.

First Class Magistrates Court

Handles disputes up to RM100,000.01 and criminal offences with a penalty not exceeding 10 years.

Sessions Court

Can hear civil actions with amounts up to RM1,000,000 and serious criminal offences.

High Court

Has unlimited jurisdiction over civil matters and can impose the death penalty for serious crimes.

Court of Appeal

Hears and determines appeals from any judgment; requires a claim above RM250,000.

Federal Court

The highest court in Malaysia with various jurisdictions including appellate and advisory.

Court for Children

Established under Child Act 2001 to handle cases involving minors.

Special Court

Established to hear cases against the Yang di-Pertuan Agong or the Rulers.

Judicial Precedent

Also known as judge-made law, it consists of decisions made by judges that bind future cases.

Stare Decisis

The doctrine that obligates courts to follow historical cases when making a ruling on a similar case.

Ratio Decidendi

The legal principle or reason that forms the basis of a court's decision.

Obiter Dictum

Remarks made by a judge that are not essential to the decision in a case.

Advantages of Judicial Precedent

Promotes consistency, certainty, and efficiency in law.

Disadvantages of Judicial Precedent

Includes rigidity, complexity, and potential slowness of legal growth.