BUSINESS LAW

ZCZB 6013

PREPARED FOR: DR AZIMON ABDUL AZIZ

PREPARED BY: SHALINI SEKAHAR ( ZP00684)

LEE WOEI CHING (ZP00778)
Overall Judicial System
 Malaysia has a unified judicial system, and all courts
take cognizance of both federal and state laws.

 The Federal Court of Malaysia is the highest judicial authority

and the final court of appeal in Malaysia.

 Malaysia has a single structured judicial system consisting of two part:

a) The superior court (higher court)

b) The subordinate court (lower court)
Jurisdictions of Federal Court
Original

 Federal court has the exclusive jurisdiction to determine any question regarding
the validity of the law made by Parliament.

 Federal court hears disputes on any questions concerning the Federal and State
Constitutions
 
Federal Court

 Criminal Jurisdiction
 Civil Jurisdiction
 Original Jurisdictions
Jurisdictions of Court
of Appeal
Court of Appeals

i) Role
 to hear and determine appeals from High court
 It hears both civil and criminal appeals.

 Criminal Jurisdiction - hears appeals of criminal decisions of the High Court.

Has the final jurisdiction over cases that
started in a subordinate court.

 Civil Jurisdiction - hears all appeals of

High Court decisions, unless the High Court
ruling was issued with consent.
Jurisdictions of High Court
Criminal Jurisdiction - has jurisdiction over all non-Syariah
criminal cases.

 Civil Jurisdiction - hears cases involving disputes of

greater than RM250,000

The High Courts hear all matters relating to:

 the validity or dissolution of marriage, divorce and matrimonial

causes,
 bankruptcy and matters relating to the winding-up of
companies,
 guardianship or custody of children,
 grants of probate, wills and letters of administration of estates,
 Injunctions specific performance or rescission of contracts 
Jurisdictions of Session Court
Criminal cases

 The Sessions Court has the jurisdiction to try all offences other
than offences punishable with death.

Civil Cases

 The Sessions Court has unlimited jurisdiction to

hear :
(a) running down cases, landlord and tenant, and
distress
b)cases involving disputes of at least RM25,000
but no more than RM250,000
Jurisdictions of Session Court cont’d
The Sessions Court does not have jurisdiction for the following cases:

 the validity or dissolution of marriage, divorce and matrimonial

causes,
  bankruptcy and matters relating to the winding
-up of companies,
 guardianship or custody of children,
 grants of probate, wills and letters of
administration of estates,
 injunctions. specific performance or rescission
of contracts 
Jurisdictions of Magistrates' Court
 Jurisdiction
 A First Class Magistrate may pass any sentence allowed by
law not exceeding :

(a) 5 years imprisonment

(b) a fine of RM10,000.00
(c) whipping up to 12 strokes; or any sentence combining any
of the sentence a foresaid.

Criminal cases

 maximum term of imprisonment does not exceed 10 years or which are punishable with
fine only.

Civil cases

 A First Class Magistrate Court has the jurisdiction to try all actions and suits of a civil
nature where the amount in dispute does not exceed RM25,000.00
 Who is Judicial
Commissioner (JC)?
A judicial commissioner is a high court judge “on
probation”, who has just been appointed to try cases in a
high court.
He or she is on contract, usually for a two-year term.
After serving as a JC, he/she can be terminated or given a
tenure as a high court judge.
 Judicial Commissioner
In accordance with the provisions of Act 695,
“the main role of the Commission is to uphold
the continuous independence of the judiciary
through the selection of superior court judges.

On the 9 February 2009, the Prime Minister of

Malaysia appointed nine (9) Commissioners as
provided for under Section 5 of Act 695.
Functions of commission:
to select qualified persons as judges of
the superior court.

to receive applications from qualified

persons for the selection of judges.

to formulate and implement mechanisms

for the selection and appointment of
judges of the superior court.
 Functions of commission:
(cont’d)
to review and recommend programmes to
the Prime Minister.
 
to make other recommendations about the
judiciary.

to do such other things as it deems fit to

enable it to perform its functions effectively
under this Act (Act 695).
Judicial Precedent
refers to the way in which the law is made
and amended through the decisions of
judges.
Some terms under Judicial Precedent:
a. Stare Decisis – Stand by the decision
b. Ratio Decidendi
c. Obiter Dicta
Judicial Precedent (cont’d)
a. Stare Decisis – Stand by the
decision
means that like cases should be
treated alike.
The general rule:
- all courts are bound to follow
decisions made by courts higher
than themselves in the hierarchy
Judicial Precedent (cont’d)
b. Ratio Decidendi
Legal reason or principal which lays
behind the decision and
this ratio will provide the precedent for
judges to follow in future cases.
The remainder of the judgement is known
as Obiter Dicta.
Judicial Precedent (cont’d)
c. Obiter Dicta
“ Other things said by the way.”
These comments do not form part of
the reasoning and are therefore not part
of the precedent.
Any other statements of law that are
not relevant to the decision of the court
are Obiter Dicta.
 Different Types of Precedent
A. Original Precedent

If a point of law has never been decided

before, then whatever the judge decides will
form a new precedent for later cases to
follow.
 Different Types of Precedent (cont’d)
B. Binding Precedent

The legal point involved in the case is the

same as the one in the previous decision.
The facts of the current case are similar to the
previous case.
The earlier decision was made by a court
higher in the hierarchy, or at the same level as
the current court (and it is bound by its own
previous decisions)
 Different Types of Precedent (cont’d)
C. Persuasive Precedent

No binding on the court.

However, a judge may consider such a
precedent and decide that it is the correct
principal to follow.
 Advantages of Judicial Precedent

Certainty
Judges have clear cases to follow.
Fairness & Uniformity
Time Saving - avoids unnecessary litigation.
Law Development: R v R (1991)
 Disadvantages of Judicial Precedent

Rigidity
Injustice
Bad decisions are perpetuated
Slow Development
Confusion
Complexity
Thank You