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1. Discuss Public Law.

The diagram above shows the classification of law in Malaysia. Public law is
basically the law which governs the relationship between individuals and the state.
Public law can be subdivided into areas of law dealing with constitution law,
administrative law and criminal law.
Constitutional Law has been defined as the rules which regulate the structure of
the principal organs of government and their relationship to each other, and
determine their principal function. (defines the structure of government and the
rights of individuals under that government.) This subject includes choice of monarch,
the constitution of the legislature, the civil service, the police, the court of justice
and voting rights.
Administrative Law is defined as that body of legal principles which concerns the
rights and duties arising from the impact upon the individual of the actual
functioning of the executive instruments of government. (regulates the duties and
exercise of powers by administrative authorities.) For example, administrative law
determines the legal rights of a private citizen whose house a local authority intends
to acquire compulsorily.

Criminal Law is the part of the law which characterizes certain kinds of
wrongdoing as offences against the State such as murder, robbery, cheating and
kidnapping and punishable by the State. Crime is defined as an act of disobedience
of the law forbidden under pain of punishment. The punishment for crime ranges
from death or imprisonment to a money penalty or absolute discharge.
The police are the public servants whose duty is the prevention and detection of
crime and prosecution of offenders before the courts of law.
In criminal trial, the burden of proof to convict the accused rests with the
prosecution, which must prove its case beyond reasonable doubt.

2. Discuss Private Law



Private Law (sometimes referred to civil law) regulates relationship between
citizens and may be further divided according to the ways it regulates the
relationship. (is concerned with matters that affect the rights and duties of
individuals amongst themselves.) It includes contract, tort, trust, family, company
and property law generally. There is no concept of punishment and give
compensation to persons injured. The claimant sues the defendant.
For example, the Sale of Goods Act 1957 regulates the sale of goods. It provides
rules that must adhered to when making a sale. Should any disputes arise that
covered by the Act, it is up to them to decide the matter themselves using rules laid
down by legislation, the State does not get involved.
Contract based on agreement. A contract is completed when both sides honour
an agreement by carrying out their particular side of the bargain. The contract is the
branch of private law which determines when a promise is legally enforceable. A
contract must be an offer, express by the person (offeror) and unqualified
acceptance, express by the person whom the offer is made to (offeree). The
essential elements in a contract are offer, acceptance, capacity to contract, intention
to enter into legal relations and consideration.
Tort is based on obligations imposed by law. A tort is a civil wrong. It is breach of
a general duty which is imposed by the law. The essential elements of a tort are that
there must be an act or omission done intentionally and there must be resultant
damage which is not remote.
A trust governs relationship between trustees and beneficiaries. He may himself
be one of the beneficiaries. Anyone of the beneficiaries may enforce the obligation.
3. Discuss International Law.
International Law is that body of law which composed for its greater part of the
principles and rules of conduct which states feel themselves bund to observe and
consequently commonly do observe, in their relations with each other.
There are 2 categories if the international law which are public international law
and private international law. Public international law is the law that prevails
between states, whereas private international law (known as conflict of law) is
part of municipal law.

4. Discuss Subordinate Courts







The Subordinate courts in Peninsular Malaysia consist of the Penghulus Courts,
Magistrates Courts and Sessions Courts. A subordinate court is any one of those
courts established under section 3(2) of the Subordinate Courts Act 1948.
The Penghulus Court is the lowest level of subordinate courts in Peninsular
Malaysia and is presided by the penghulu or headman who is appointed by the state
government for mukim.
Penghulu has kuasa and may try civil disputes where the subject matter does not
exceed RM50 in value and in which all the parties to the proceedings are person of
an Asian race speking and understanding Malay language.
The criminal jurisdiction of a Penghulus court is restricted to the trial of offences
of a minor nature which can be punished by not exceeding RM25. The Penghulus
Court can nly try criminal charges against Asian race.
Any person charged with an offence before a Penghulus Court may elect to be
tried by a First class Magistrates Court.




- 1
st
Class Magistrates
-- Offences punishable up to 10 years imprisonment or fine only
-- Offences under Section 329 and Section 457 of the Penal code
@ 5 years imprisonment
@ RM10,000 fine
@ Whipping of up to 12 strokes
@ Combination of any above
- 2
nd
class Magistrates
~ Offences not exceed 12 months of imprisonment or fine only
~ my pass any sentence allowed by law:
@ Not exceed 6 months imprisonment
@ Not more than RM1000
@ Combination of the 2

Magistrates Court deals with minor civil and criminal cases and presided over by
a magistrate. As regards civil matters, the 1
st
class magistrate has authority to try all
actions and suits where the amount in dispute or value of the subject matter does
not exceed RM25,000 or where the rent payable in respect of the premises does not
exceed RM24,000 per year or RM2,000 per month.
A second magistrate shall only have jurisdiction to try original actions or suits of a
civil nature where the liquidated demand on money payable by the defendant, by
not exceeding RM3,000.
The Sessions Court is the highest of the subordinate courts and presided over by
Sessions Court Judge.
Its civil jurisdiction are limited where the amount in dispute or value of the
subject matter does not exceed RM10,000. However, matter relating to land, trusts,
probate and administrative of estate and divorce are excluded.
Its criminal jurisdiction extends to all offences other than offences punishable
with death. A sessions Court may pass any sentence allowed by law except the death
sentence.

5. Discuss Superior Courts
The Superior Courts of Malaysia comprises of 2 High Courts which are High Court
of Malaya and High Court in Sabah and Sarawak, the court of Appeal and the Federal
Court.
The high court consists of 2 Chief Judges, one in Peninsular Malaysia and one in
Sabah & Sarawak. There are at least 56 judges and Judicial Commissioners. The high
court has original, appellate and supervisory jurisdiction. It has unlimited civil and
criminal jurisdiction. Any civil matter which cannot be determined in the subordinate
courts is heard before the High Court.
The high courts civil jurisdiction includes bankruptcy or winding-up matter,
probates and administration of the estates of decreased person. In criminal cases, no
case may be brought to the high court unless offender has been committed for trial
after preliminary hearing in a Magistrates Court.
The high court possess the power to refer any points of law in the appeal for the
decision of the Court of Appeal if it feels that it is in the public interest and is of
paramount importance.
Under Section 35(1) of the Courts of Judicature 1964, the High Court has been
conferred general supervisory and revisionary jurisdiction over all subordinate courts.
In the interest of justice and when it appears desirable, the High Court may call for
the records in the Subordinate Courts at any stage of such proceedings. It may also
remove case to the High Court or give directives to Subordinate courts if necessary.

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