Professional Documents
Culture Documents
of
Law
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Public
Law
and
Private
Law Criminal
Law
and
Civil
Law
Criminal
Law - A
form
of
public
law. - Case
must
be
proved
by
the
prosecution
beyond
reasonable
doubt. - Person
guilty
must
be
punished
by
nes,
or
imprisonment. - Object
-
to
regulate
society
by
the
threat
of
punishment. - The
state
is
the
prosecutor
and
prosecution
is
brought
in
the
name
of
the
Public
Prosecutor
e.g.
PP
v
Jones. Civil
Law - A
form
of
private
law. - Case
must
be
proved
on
a
balance
of
probabilities. - Burden
may
rest
on
either
party
depending
on
the
circumstance. - No
concept
of
punishment. - Compensation
is
paid
to
the
wronged
person. - Terminology
used
is
dierent. - Claimant
sues
the
defendant
so
the
case
would
be
referred
to
as
e.g
Smith
v
Megacorp
plc. - State
plays
no
part. Public
Law - Mainly
concerned
with
government
and
the
functions
of
public
organizations
such
as
councils
and
local
authorities. - State
prosecutes
alleged
perpetrator
under
public
law.
- Criminal
law
is
therefore
also
part
of
public
law. Private
Law - Deals
with
relationships
between
businesses
and
customers,
employees
and
other
private
individuals. - The
state
does
not
get
involved
and
it
is
for
the
individual
concerned
to
take
action.
- It provides an opportunity for those who are dissatised with the decision of one court to have the matter re-considered by a higher court, i.e. gives litigants at least two chances to obtain the justice they seek. - It enables a higher court to review the decisions of lower courts and rectify possible errors as to facts or law made by the lower court. - It helps to develop greater uniformity in the law as the lower courts are bound by the precedents set by the higher courts (i.e. HC and above) in line with the doctrine of binding judicial precedent. - It helps achieve greater justice.
(i) It facilitates a system of appeals. - The court hierarchy distinguishes between higher and lower courts so that persons who are dissatised with the decision of a lower court have an avenue to have the decision reviewed by a higher court. (ii)It facilitates the application of the doctrine of binding judicial - which requires the lower courts to follow the decisions of the higher courts, thus achieving greater uniformity in the application of the law. (iii)It Facilitates specialization in the judicial process. - The higher courts which are presided by more senior and experienced judges handle the more serious criminal oences such as murder, and kidnapping and more serious civil matters where larger sums of money are involved. - The lower courts are left to handle the less serious oences and civil disputes involving smaller amounts of money. (iv)It results in greater administrative convenience, eciency and cost eectiveness. - The practical eect of a court hierarchy is that it provides for an extensive system of lower courts dispensing justice inexpensively in local areas.
Superior Courts
Federal
Court
(Chief
Justice)
Court
of
Appeal
(President
of
the
Court
of
Appeal)
Special
Court
State
Level
Courts
Native
Courts - Exist
only
in
Sabah
n
Sarawak. - Deals
with
native
rights. Syariah
Courts - Deals
with
matters
pertaining
to
Islamic
law
in
the
respective
states.
Subordinate Courts
Sessions
Courts
(Sessions
Court
Judge)
Magistrates
Court
(Magistrate)
Juvenile
Court
(Magistrate)
Penghulu
Courts
(Penghulu
or
Village
Headman)
- - - Has
very
limited
jurisdiction. Deals
with
local
disputes
in
an
informal
manner. In
practice,
these
courts
hardly
function.
- The composition of the CoA is stated in article 122A of the Federal Constitution. It is headed by the President of the CoA. Proceedings are usually heard and disposed of by 3 judges. But the number of judges may be in any particular case as the President may determine. However, the number of judges must always be uneven. Sometimes a judge of the HC may sit as a judge of the CoA. This happens where the President considers it necessary in the interests of justice, after consulting the Chief Judge. - Article 121(1B) of the Federal Constitution provides that the CoA has jurisdiction to determine appeals from decisions of a HC or a judge thereof (except decisions of a HC given by a Registrar or other ocer of the court and appealable under federal law to a judge of the court). Sections 50 and 67 of the Courts of Judicature Act 1964 stipulate its appellate criminal and civil jurisdiction respectively. - Section 50(1) gives the CoA jurisdiction to hear and determine any appeal against any decision made by the HC in the exercise of its original jurisdiction. In addition, it may hear and determine appeals from a decision of the HC in the exercise of its appellate jurisdiction in respect of a criminal matter originally decided by the Sessions Court. If the original decision was made in the Magistrates Court, further appeal to the CoA from the HC may only be done with the leave of the CoA. - Section 67 in relation to civil appeals allows the CoA to determine any appeal from a judgment of the HC. Exceptions (Section 68(1) JoA64) (i) An appeal will not be allowed if the value of the subject matter of the claim is less than RM250,000, except with leave of the CoA. (ii)No appeal will lie if the HC judgement was made by consent of the parties. (iii)No appeal will be allowed where the judgement or order relates to cost only which was within the discretion of the Court, except the leave of the CoA. (iv)No appeal will lie on any matter decided by the HC which is expressly declared in any written law to be nal.
- Section 59 of the Subordinate Courts Act 1948, a Sessions Court has jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it. Each Sessions Court is presided over by a Sessions Court Judge, appointed by the Yang di Pertuan Agong on the recommendation of the Chief Judge. - Subordinate Courts (Amendment) Act 1994, (a) Unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant, and distress, and (b) Jurisdiction to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed RM250,000. - Further, even where the amount in dispute or value of the subject matter exceeds RM250,000, the Sessions Court would have jurisdiction to try the matter if the parties to the action have agreed in writing that the Sessions Court shall have jurisdiction to try it. - The Sessions Court does not have jurisdiction in certain matter as stipulated in Section 69. These include actions, suits or proceedings for specic performance or rescission of contracts, injunctions, cancellation or rectication of instruments, and matters relating to immovable property. However, in relation to immovable property the Sessions Court has jurisdiction to hear and determine any action or suit for the recovery of immovable property though it cannot adjudicate on title to immovable property except with the consent of the parties - Section 70 and 71.
First Class - Have the jurisdiction to try all oences punishable with a ne or up to 10 years imprisonment. They also can try oences under Section 392 and 457 of the Penal Code (dealing with robbery and housebreaking respectively). They may pass sentences of up to ve years imprisonment, a ne of up to RM10,000, whipping of up to 12 strokes or any of a combination of these. - In civil matters they can try cases where the value of the subject matter does not exceed Rm25,000. - Have jurisdiction to conduct preliminary enquiries and hold coroners inquests. Second Class - Not required to be qualied in law and are usually public servants and minor court ocers. They perform the function of granting bail and mentioning cases. They are also eligible to try criminal cases where the maximum punishment is not more than 12 months imprisonment.
Juvenile Courts Act 1947 - Purpose: to try juvenile oenders in an atmosphere which is dierent from the ordinary courts. - The philosophy is that these juveniles need care and attention and should therefor be treated with compassion with a view to correcting them. - The court has only jurisdiction to try oenders who are juveniles (i.e persons between the ages of 10 years and 18 years). - The court may try all oences except those punishable by death. - This is a special court and is closed to the public with a view to shielding the youngster from publicity although reporters may attend the hearing, they may not reveal the name of the oender. - The case is decided by the magistrate but advice as to the appropriate sentence is given by the lay advisers. - If the court nds the juvenile guilty, the court has a number of options: - (i) The oender may be sent to an approved institution for corrective education; or (ii)Discharged conditionally upon entering into a bond to be of good behavior. (iii)May be ned but cannot be sent to prison in default of the payment of such ne. (iv)His parent or guardian may be ordered to give security for his good behavior. (v)Where the oender is below 14 years of age, the parent or guardian may also be required to pay compensation.