FBMT1034 CHAPTER 1 MALAYSIAN LEGAL SYSTEM (1).pptx

Basic introduction on Malaysian legal system and administrative

1. FBMT1034 INTRODUCTION TO BUSINESS LAW CHAPTER 1 : Introduction to Malaysian legal system REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 1

2. DEFINITION OF LAW Rule of conduct Oxford Dictionary " Body of enacted or customary rules recognized by a community as binding" Salmond "Body of principles recognized and applied by the state in the administration ofjustice " Austin "A command set by a superior being to an inferior being and enforced by sanction" On the whole, law is a system of rules designed to ensure that people live in peace and harmony. It includes rights, duties and obligations. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 2

3. CLASSSIFICATION OF LAW Public law regulates the relationships between the citizen and the state examples: constitutional law, criminal law and administrative law. Private law deals with the relationship between a citizen and another citizen in the state examples: contracts, torts, trust, family law, company law and property law. International law laws that govern one particular independent country. subdivided into international public law and international private law Public international law is the law that governs the relationship between provinces and international entities examples are law of seas and treaties. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 3

4. SOURCES OF LAW REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 4

5. WRITTEN LAW -FEDERAL CONSTITUTION REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 5

6. WRITTEN LAW –STATE CONSTITUTION REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 6

7. WRITTEN LAW Legislation Legislation refers to the law enacted by Parliament and the State Legislative Assemblies. For the law enacted after 1946 until 1956, they are known as Ordinance. For those that are enacted from 1957 they are known as Act. For the laws legislated by the State Legislative Assemblies, they are known as Enactment except in Sarawak, known as Ordinance REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 7

8. WRITTEN LAW Subsidiary Legislation Also referred as to delegated legislation Made by specific bodies or persons in authority under powers given to it by legislation. These laws basically concern with everyday matters, which are not covered by Parliament or State Assemblies. Normally they relate to policies. Subsidiary legislation also known as rules, regulations, order and by-law. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 8

9. UNWRITTEN LAW Principles of English law The guidelines in application of English law throughout Malaysia is based on the Civil Law Act 1956. Our legal system normally would adopt English Common Law and Equity and English REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 9

10. UNWRITTEN LAW Judicial Precedents Under the common law, judicial decisions means the non-statutory law evolved through judicial decisions, In deciding cases before the courts, the judges are bound to follow the previous decisions made by the previous judges. The effect of not following the judicial precedent: The decision will be legally wrong. There is a likely that the decision will be subject to appeal and overruled on appeal. v / Where there is no appeal, it might be overruled in later cases Content ofjudicial precedent: i . Ratio decidendi: the legal reasoning (it is binding) ii. Obiter dicta: "things said by the way" i.e. the judge's opinion (it is persuasive) How it works? i . Vertically: higher courts will bind the lower courts ii. Horizontally: Courts are bound by: v / Its own previous decisions v / The decisions of its predecessors v / The decision of courts of equal rank REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 10

11. UNWRITTEN LAW Customary law Customary law is the law that based on customs of each race and they are legally binding. Adat perpatih Adat temenggung The differences between adat pepatih and adat temenggung : Adat Pepatih is the democratic matrimonial adat law while Adat Temenggung is an autocratic patriarchal adat law REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 11

12. UNWRITTEN LAW Islamic Law Its application is limited to Muslim only. Covers the aspect of family law e.g. inheritance, matrimonial and ta'zir offences Islamic law falls under the state list Art 3 of the Federal Constitution: Islam is the religion of the federation but other religions may be practiced in peace and harmony. Art 1 1 provides that every citizen has a right to profess and practice his religion The administration of Islamic law Enactments were given to three principal authorities i.e. the Majlis Agama Islam Negeri, the Mufti and the Syari'ah Courts. The sources of Islamic law are Al-Quran, Sunnah, Ijma' and Qiyas. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 12

13. LAW MAKING PROCESS IN MALAYSIA REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 13

14. LAW MAKING PROCESS IN MALAYSIA REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 14 House of Representative (Dewan Rakyat) and Senate (Dewan Negara). In Each House, a Bill is required to undergo 4 stages: First Reading — reading of long title, i.e. the title of the Bill will be read. If it is accepted, the bill will be printed and distributed to the members of Parliament Second Reading — the members will discuss and debate on the Bill. Voting by simple majority (by voices) or 2/3 majority through divisions. If it is accepted, it will be sent to the next stage for the consideration of the Committee of the House. Committee Stage — Specific Debate on all clauses, schedule and preambles will take place. The committee will consider the Bill and may amend any part of it. If the committee approved, the bill will be sent to the next stage.

15. LAW MAKING PROCESS IN MALAYSIA REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 15 Third Reading — voting for second time. Long title will be read and passed by the house Royal Assent - Once passed by the Houses in which the Bill is originated, it will be sent to the other House. Once the House (second House) passes the Bill, it must be presented to the YDPA for His assent thereto. The YDPA must within 30 days assent to the Bill by causing Public Seal to be affixed thereto. If He fails to do so, the Constitution provides that the Bill should become law at the expiration of 30 days as if He had assented thereto. Gazetted and Printed - The Bill shall become law on being assented to by the YDPA, but no law shall become into force until it had been gazette.

16. JUDICIAL SYSTEM IN MALAYSIA REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 16

17. Magistrates Court Composition Presided over by a magistrate Two types of courts: First Class Magistrate : appointed by the State Authority with the recommendation of the Chief Judge. Must befit and proper (the member of Judicial and Legal Service of the Federation) Second Class Magistrate: appointed by the State Authority and could be any fit and proper person REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 17

18. SESSION COURT Sessions Court Composition Will be headed by Sessions Court Judge Appointed by YDPA on the recommendation of the Chief Justice Must be the member of Judicial and Legal Service of the Federation Jurisdiction Jurisdiction (civil cases) o Can try cases where the amount in disputes or value of the subject matter does not exceed RMI million Unlimited civil jurisdiction for motor-vehicle accidents, landlord and tenant issues and distress Has the jurisdiction to grant injunction Subject matters which are excluded from the jurisdictions: matters related to land; issue of grant of representation legitimacy of any person; guardianship or custody of infant; and validity or dissolution of marriage. Jurisdiction (criminal cases) May try all offences other than offences punishable with death May pass any sentence allowed by law other than death sentence REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 18

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20. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 20 HIGH COURT

21. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 21 COURT OF APPEAL

22. REV 00 FBMT 1034 INTRODUCTION TO BUSINESS LAW 22 FEDERAL COURT

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