You may forgive….

but don’t forget !!!

 Substance
• Lack of understanding on
How do what the question wants
• Lack of understanding the
find your basic concept and principles
answer? • Lack of structures and clear
flows of arguments
• Lack of proper length in
answering
• Lack of cases to support
arguments
 Technicalities
• Don’t answer 4 questions as
required
• Handwriting is unreadable
How do • No paragraphs used
find your • No introduction and
answer? conclusion
• Answer scattered in mixed/
unorganized pages
 • Know what the question
wants – see the examination
guide
• Answer proportionately to
What you marks allocated
need to • If you are lost about the
topic, find the keyword in the
improve? 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
Introductory Lecture
Course Briefing
© Muhammad
Nizam
Awang @ Ali
 • Course Outline

Mandatory • Tutorial Question

Companies
for • Lecture Slides
Everybody
• 10 complete Sets
of Legislations
 Part A : Introduction to Judicial
System
• Court System
– Ordinary Courts ( 3 tier system)
Course – Special Courts (6 types)
Outline
(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)
Tutorial presentation-based
• 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
 • Only guides you. Not the
absolute reference
• To get an A’s, additional is
Lecture required
• To be provided at least on
Slides one week before lecture
• To be self uploaded from the
course email
• To be read before lecture
starts
 • Every counsel shall have
your own complete set
• Bring in every lecture &
tutorial
10 Complete
Sets of
• See the complete list in the
Legislation next slide…
 FEDERAL
Subordinate Courts Native Courts
CONSTITUTION Ordinance
Act 1948 (Act 92)
1992 (Sabah)

Courts of Judicature Native Courts

Act 1964 (Act 91) Ordinance
1992 (Sarawak)

Legal
Child Act 2001 Legal Profession
(Act 611)
Companions
Act 1976 (Act 166)

Armed Forces Legal Aid Act 1971

Act 1972 (Act 77) (Act

Syariah Courts Administration of

Industrial Relations Islamic Law (FT)
(Criminal Jurisdiction)
Act 1967(Act 177) Act 1984
Act 1965
 This course aims to:
• Provide solid foundation to
students about the court
hierarchies, their power and
jurisdiction in the judicial system
Course
• Introduce students about the
Objectives 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
 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
Course
• Elaborate the power and
Outcomes 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 Give attention to the
being here- question of
TO BE AN EXCELLENT WHAT, WHY & HOW
LAW GRADUATE !! while studying law

What Do I
EXPECT from You?

PASSIONATE to learn Be PUNCTUAL, DISCIPLINED

about law and and show RESPECT to the
issues related to law lecturer and your peers

PREPARE IN ADVANCE before next lecture

 Weekly Updates
are Available on
Course the Course Email:
Email
Username lba1043@gmail.com
Password negerisembilan
 Lecture Tutorial
(2 hours per week) (1 hour per week)
X 13 weeks X 12 weeks

Teaching Methods

Presentation Assignment
(In Group) Fieldwork Assignment
Field Visit Report

Mid-Semester Test
(the week before
semester break)
 Mid-Semester Test
(10%)

Fieldwork
Assignment
(10%)
Carry Marks Field Visit Report
(40%) (5%)

Participation
(5%)
Evaluation
Presentation &
Legal Writing
(10%)

6 questions
Final Examination -Answer 4
(60%) -15% each
-3 ¼ hours
CHAPTER
I Introduction to
Judicial System –
© Muhammad
Part I : Court
Nizam
Awang @ Ali System
INTRO TO
JUDICIAL
SYSTEM
• Why we need to study about
Discussion court system?
Points
• What is ‘court’?

• How court is classified into?

 To understand
the BASIC STRUCTURE
of judiciary

Why we need to study To analyse the

about court & its system? 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 & Superior &

Court of no record inferior Courts
Classification
of Courts
(7 types)
Native Courts & Civil & Criminal
Other Courts Courts

Domestic &
Civil & Syariah
International
Courts
Courts
 SPECIAL & ORDINARY COURTS

Special Courts Ordinary

Courts
Subject to Specific class of Ordinary
jurisdiction persons Litigants
E.g. Court for
Children

Challenge Decision is final & Can be

to court conclusive challenged if
decision allowed by the
(cannot be
challenged) statute
 SUPERIOR & INFERIOR COURTS

The courts are divided according to:

Sources of Court
Law Hierarchy

Court
Jurisdiction
 COURTS EXERCISING CIVIL & CRIMINAL
JURISDICTION

Structure, Procedure,
Organisation Practice
& Administration & Rules of Court
 Civil & Syariah Courts
Civil Courts Syariah Courts
Sources of The Federal The Syariah
Law Constitution & law & state
federal law law

Jurisdiction Inherent Limited

jurisdiction, of jurisdiction-
general List II, Ninth
jurisdiction in Schedule &
civil and criminal
matters
Domestic & International Courts
Domestic Courts International
Courts
Jurisdiction Within the International
territory courts- exercise
The courts in supra-national
Malaysia exercise jurisdiction
domestic International
jurisdiction 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 Syariah Courts

Definition (1) – expressly (2) – not
declared by statute expressly
Houses of declared, but….
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