The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level followed by the High Court, Court of Appeal and the Federal Court of Malaysia, which is the highest level. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court and the Sessions Court are subordinate courts. After 23 June 1994 till today: Comparisons between Supreme Courts and Subordinate Courts Superiors Court Subordinate Courts 1. They are established under
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MALAYSIAN COURT SYSTEM The purpose of this is to provide a brief overview of the Malaysian Court System. Whilst its intention is to familiarise readers with the function of Malaysian Courts, it is no substitute for professional legal advice which you should obtain whenever you are involved with the Courts. Such advice can be obtained from the numerous legal firms in the country or from the various Legal Aid Centres. MAGISTRATES COURT The Magistrates Courts deal with the vast majority of cases, both
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even after independence. Common law system originated in England use the doctrine of stare decisis in the jurisdictions. Doctrine of stare decisis is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. Doctrine of stare decisis uses evolving bodies of case precedents and judicial decisions in jurisdictions. More fully, the legal term is "stare decisis et non quieta movere" meaning "stand by decisions and do
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Introduction Malaysia consists of a federation of fourteen states. Article 4(1) of the Malaysian Constitution states that the supreme law of the federation is the Constitution. Malaysia follows the Westminster model of government. The Cabinet headed by the Prime Minister exercises executive power. Both the prime minister and Cabinet answers to the parliament. The Monarch appoints the Prime Minister. He is the leader of the ruling party in the lower house (House of Representative) of the Parliament
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Milos Coltrade Abdullah 169w, 48th street, New York, United States Dear Mr. Milos RE: ALLEGATIONS OF CAUSING NUISANCE BY ASSOCIATION OF THE MALAYSIAN RETAILERS & STREET VENDORS AT CENTRAL MARKET, OF VIOLATING THE RAILWAY LAWS AT KL SENTRAL TERMINAL, OF DILUTING THE MINDS OF YOUNG MALAYSIANS BY PERFORMING FOREIGN MUSIC, OF COPYRIGHT INFRINGEMENT VIOLATION AND CAUSING NEGLIGENT WHICH CAUSED SEVERAL INJURIES. We had received your massage via the Facebook Message System dated on 14
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(Parliament and State Assemblies) and not found in the constitution, both federal and state. This is known as the English common law and the rules of equity. In case, if there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied in accordance with the Civil Law Act 1956 (Revised 1972) only in the absence of local statues on the particular subject matter. It is mean that the common law and the rules of equity
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Syariah court has no legitimacy for non-muslim’’ Discuss the jurisdiction of Syariah court and civil court in Malaysia. INTRODUCTION Position of syariah court in Malaysia Syariah refers to Sharia law in Islamic religious law and deals with exclusively Islamic laws, having jurisdiction upon every Muslim in Malaysia. The dual-system of law in Malaysia is provided for in Article 121(1A) of the Constitution of Malaysia.The Syariah Court system is one of the two separate system of courts which
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INTRODUCTION State government is a form of government that rules a state in each of 13 states in the federation of Malaysia. It is also the second level of government in Malaysian government hierarchy. Just like federal government, state government too, does adopt the Westminster Parliamentary system from the United Kingdom. It is also further divided into three branches of government bodies or machineries. Namely executive, legislative, and judiciary
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RELIGION AND PARENTAL RIGHTS IN MALAYSIA The issue of unilateral conversion of a child to Islam by one parent who has embraced Islam and the subsequent tussle over the custody of the child between the disputing parents in the civil court and the Syariah Court has of late ignited controversy in Malaysia. This article seeks to examine the extent of the non-Muslim parent’s right to determine the child’s religion, the impact of the unilateral conversion of the child to Islam on the parents’ custodial
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INTRODUCTION After Malaysia achieved its independence on 31st August 1957, it adopted federal system of government. A federal government is formed by a combination of states or provinces in a federation, give some of their powers to the federal government and some of them are remained. Thus, this lead to the existence of more than one level of government; federal level, state level and local level have formed the federal system of government. Malaysia has 13 states and three federal territories
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