Malaysian Legal System

Civil Jurisdiction
- Handles disputes not exceeding RM10,000. - Small claims not exceeding RM5,000 cannot be represented by a lawyer.
Criminal Jurisdiction
- Handles all offenses that do not exceed 12 months imprisonment or fine only.
Sentencing:
- May impose any law-mandated sentence not exceeding 6 months imprisonment, a fine of no more than RM1,000, or any combination of both.
Example of Offense: - Rash driving (Section 279):
- Punishable with imprisonment for up to 6 months or a fine up to RM2,000.

Civil Jurisdiction
- Handles disputes not exceeding RM100,000.01.
Criminal Jurisdiction:
- Offenses that do not exceed 10 years of imprisonment or punishable with fine only. - Included offenses are robbery (Section 392) and house breaking (Section 457) under the Penal Code.
Sentencing:
- May impose any law-mandated sentence not exceeding 5 years imprisonment, a fine of RM10,000, whipping up to twelve strokes, or any combination of them.
Example of Offense: - Personating a public servant (Section 170):
- Punishable with imprisonment for up to 2 years or a fine or both.

Civil Jurisdiction:
- The amount in dispute does not exceed RM1,000,000. - Unlimited jurisdiction to try civil actions regarding motor vehicle accidents and landlord-tenant disputes. - Parties can opt to have Sessions Court hear cases above monetary jurisdiction through agreement.
Criminal Jurisdiction:
- Handles all offenses with more than 10 years of imprisonment, not including death penalty cases.
Example of Offense: - House trespass to commit an offense punishable with death (Section 449):
- Punishable with imprisonment for up to 20 years and may also incur a fine.

Civil Jurisdiction:
- Unlimited amount in dispute. - Has supervisory and revisionary jurisdiction over subordinate courts. - Responsible for handling cases such as marriage, companies, and inheritance law.
Criminal Jurisdiction:
- Power to try all offenses, including capital punishment offences. - Examples include drug trafficking and murder.
Example of Offense:   - Murder (Section 302):
    - Punishable with death.   - Waging war against the Yang di-Pertuan Agong (Section 121):
    - Punishable with death or life imprisonment; if not sentenced to death, liable to a fine.

Appellate Jurisdiction:
- Over all subordinate courts.
General Supervisory and Revisionary Jurisdiction:
- Hears appeals from subordinate courts. - Has authority to refer any legal question arising from an appeal to the Court of Appeal for a decision.

Civil Jurisdiction:
- Hears appeals from judgments where the claim value should not be less than RM250,000, except with the court’s leave.
Criminal Jurisdiction:
- Hears and determines any appeal against a decision.

Highest Court in Malaysia:
- Proceedings are heard and decided by three judges or a greater uneven number.
Jurisdiction includes:
1. Appellate Jurisdiction 2. Exclusive original jurisdiction for matters between states or involving the Federal Constitution, including validity of federal or state legislation. 3. Referral of constitutional questions 4. Advisory Jurisdiction

Established under Child Act 2001.
Definition of Child (S 2):
- A person under 18 years; for criminal proceedings, a person aged 10 and above.
Consists of a First-Class Magistrate and two advisors (usually women, child experts).
Court allows participation of children and parents (S. 12 Child Act 2001).
If a child is found guilty:
- No imprisonment but may be sent to an approved school or released on bail. Capital offenses entail detention at the pleasure of the Ruler (S. 91-97 Child Act 2001).

Not part of the hierarchy of Malaysian courts:
- Established in 1993 pursuant to Article 182 of the Federal Constitution.
Jurisdiction to hear actions instituted by or against the Yang di Pertuan Agong or any of the nine Malay rulers.
Previously, no legal action could be brought against the King or any Rulers.

A, a 17-year-old influencer, entered a contract worth RM1.2 million with B for stock supply but failed to pay. B sued A in the High Court.

C, a 16-year-old, entered a contract to buy a motorcycle for RM8,000 but subsequently refused to pay. D sued C in the Second Class Magistrates' Court.

Judicial Precedent: Also known as judge-made law, based on judicial decisions.
Doctrine of Stare Decisis: Judges are bound to follow earlier cases established by precedent unless stated otherwise.
Ratio Decidendi: The legal principle or reasoning for a court's decision.
Obiter Dictum: Comments made by a judge that are not relevant for the decision in the case.

Decisions of higher courts bind lower courts.
Lower courts must follow the ratio decidendi from higher courts but not the obiter dictum.
For earlier and later cases to be similar, the judges must only consider the ratio decidendi of the earlier case.

Advantages:
- Promotes consistency and certainty in law. - Enhances efficiency and time-saving. - Evolution of law based on practical experiences.
Disadvantages:
- Can lead to rigidity in the system. - May introduce complexity. - Slowness of legal growth if reliant solely on past precedent.