1- Course Briefing & Introduction To The Judicial System

You may forgive…. but don’t forget

!!!

How do find your answer?

Substance • Lack of understanding on what the question wants • Lack of understanding the basic concept and principles • Lack of structures and clear flows of arguments • Lack of proper length in answering • Lack of cases to support arguments

How do find your answer?

Technicalities • Don’t answer 4 questions as required • Handwriting is unreadable • No paragraphs used • No introduction and conclusion • Answer scattered in mixed/ unorganized pages

What you need to improve?

• Know what the question wants – see the examination guide • Answer proportionately to marks allocated • If you are lost about the topic, find the keyword in the question. • Need to include more cases in discussion • Keep your answer smart, sharp and shaped

ISLAMIC SCIENCE UNIVERSITY OF M A L A Y S I A Faculty of Syariah and Law

LBA 1043 Malaysian Legal System II

© Muhammad Nizam Awang @ Ali

Introductory Lecture

Course Briefing

• Course Outline

Mandatory Companies for Everybody

• Tutorial Question • Lecture Slides • 10 complete Sets of Legislations

Part A : Introduction to Judicial System • Court System

Course Outline

– Ordinary Courts ( 3 tier system) – Special Courts (6 types)

(13 weeks’ Part B: Judicial & Legal Profession lecture) • Legal Education • Legal Practice • Judicial Service • Legal Service

• Tutorial commences on third week of study • Group (legal firm) presentation-based Tutorial • Circulation of presentation Questions outline before tutorial starts (12 weeks) • Tutorial essay to be submitted one week after presentation • Follow closely the instruction for each tutorial presentation

Lecture Slides

• Only guides you. Not the absolute reference • To get an A’s, additional is required • To be provided at least on one week before lecture • To be self uploaded from the course email • To be read before lecture starts

10 Complete Sets of Legislation

• Every counsel shall have your own complete set • Bring in every lecture & tutorial • See the complete list in the next slide…

Subordinate Courts Act 1948 (Act 92)

FEDERAL CONSTITUTION

Native Courts Ordinance 1992 (Sarawak)

Courts of Judicature Act 1964 (Act 91)

Child Act 2001 (Act 611)

Legal Companions

Legal Profession Act 1976 (Act 166) Legal Aid Act 1971 (Act

Armed Forces Act 1972 (Act 77) Industrial Relations Act 1967(Act 177)

Native Courts Ordinance 1992 (Sabah)

Syariah Courts (Criminal Jurisdiction) Act 1965

Administration of Islamic Law (FT) Act 1984

Course Objectives

This course aims to: • Provide solid foundation to students about the court hierarchies, their power and jurisdiction in the judicial system • Introduce students about the legal education in Malaysia; • Expose students to the profession in the judicial and legal profession • Develop critical thinking about the judicial system and legal practice in Malaysia

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Course Outcomes

• • •

By the end of the course students should be able to: Understand about the general structure of the judicial system and legal practice in Malaysia Elaborate the power and jurisdiction of courts in Malaysia Discuss the relationship and difference of each court’s jurisdiction and powers Assess the contribution of law in each courts in protecting the rights of the parties involved and the society-at-large

Alert to the purpose of being hereTO BE AN EXCELLENT LAW GRADUATE !!

Give attention to the question of WHAT, WHY & HOW while studying law

What Do I EXPECT from You?

PASSIONATE to learn about law and issues related to law

Be PUNCTUAL, DISCIPLINED and show RESPECT to the lecturer and your peers

PREPARE IN ADVANCE before next lecture

Course

Weekly Updates are Available on the Course Email:

Email Username [email protected] Password negerisembilan

Tutorial (1 hour per week) X 12 weeks

Lecture (2 hours per week) X 13 weeks

Teaching Methods

Assignment Fieldwork Assignment Field Visit Report

Presentation (In Group)

Mid-Semester Test (the week before semester break)

Mid-Semester Test (10%) Fieldwork Assignment (10%) Carry Marks (40%)

Field Visit Report (5%) Participation (5%)

Evaluation

Presentation & Legal Writing (10%)

Final Examination (60%)

6 questions -Answer 4 -15% each -3 ¼ hours

CHAPTER I

© Muhammad Nizam Awang @ Ali

Introduction to Judicial System – Part I : Court System

INTRO TO JUDICIAL SYSTEM

• Why we need to study about court system? Discussion Points

• What is ‘court’? • How court is classified into?

To understand the BASIC STRUCTURE of judiciary

Why we need to study about court & its system?

To analyse the APPLICATION OF LAW thru court decision

To explain how the JUSTICE is done/ administered in courts

What is ‘COURT’?

Origin: Latin words – ‘curia regis’

King’s palace, mansion, the place where justice is judicially administered (Sovereign palace)

The special court & ordinary courts

Court of record & Court of no record

Superior & inferior Courts Classification of Courts (7 types)

Native Courts & Other Courts

Domestic & International Courts

Civil & Criminal Courts

Civil & Syariah Courts

SPECIAL & ORDINARY COURTS Special Courts Subject to Specific class of jurisdiction persons

Ordinary Courts Ordinary Litigants

E.g. Court for Children Challenge to court decision

Decision is final & conclusive (cannot be challenged)

Can be challenged if allowed by the statute

SUPERIOR & INFERIOR COURTS The courts are divided according to: Sources of Law

Court Hierarchy

Court Jurisdiction

COURTS EXERCISING CIVIL & CRIMINAL JURISDICTION

Structure, Organisation & Administration

Procedure, Practice & Rules of Court

Civil & Syariah Courts Civil Courts Sources of Law

The Federal Constitution & federal law

Jurisdiction Inherent

jurisdiction, of general jurisdiction in civil and criminal matters

Syariah Courts The Syariah law & state law

Limited jurisdictionList II, Ninth Schedule &

Domestic & International Courts Domestic Courts Jurisdiction

Within the territory The courts in Malaysia exercise domestic jurisdiction

International Courts International courts- exercise supra-national jurisdiction International Court of Justice

–Can a domestic court apply judicial function at the request of a foreign state? • Mutual Assistance in Criminal Matters Act 2002

Native courts and other courts • Constitution, organisation & procedure limited to native law & custom • Matters relating to native law (family matters) are provided under the Federal List • Criminal jurisdiction of the native courts are provided by federal law • Other courts (except constitution and organisation Syariah Court) are conferred by the Federal List – Civil/ criminal law, jurisdiction and powers of all such courts, the remuneration and other privileges of the judges and offices, legal practitioners

Courts of record (1) and courts not of record (2) Civil Courts Definition

Syariah Courts

(1) – expressly (2) – not declared by statute expressly declared, but…. Houses of Parliament depend on whether: it has power to fine or imprison for contempt

Recap • Why we need to study about court system? • What is ‘court’? • How the court is classified into ?

Next Lesson

• The meaning of ‘jurisdiction’ & ‘power’ • Courts hierarchy & ‘stare decisis’ doctrine • Subordinate Courts