Unwritten Law and Subordinate Courts Q3

Q.
(a) Describe the unwritten law in Malaysia. (10 marks)

(b) Explain the jurisdictions of subordinate courts in Malaysia. (10 marks)

(20 marks, 2015 Q3)

(14.09.2015)
A.
(a) Unwritten law in Malaysia.

1. Common Law and Rule of Equity
2. Judicial Precedent
3. Customary Law and Adat
4. Islamic Law

Similar question was asked in:

2011 Q1 - various sources of Malaysian Law.
ACCA Model Answer here

(b) Jurisdiction of Subordinate Courts.

Similar question was asked in:

2013 Q2 - Compare and contrast the jurisdiction of Superior Courts and Subordinate Courts in Malaysia.

1. Sessions Court - Civil cases not exceeding RM1mio, Criminal not punishable by Death.
2. Magistrates' Court - 1st Class Civil cases not exceeding RM100k, Criminal fine only, offence provides sentence imprisonment not exceeding 10 years. 1st Class Magistrate cannot deliver sentence more than 5 years imprisonment and fine not more than RM10k. Whipping not more than 12 strokes. Combination of the above.
3. Magistrates' Court - 2nd Class Civil cases not exceeding RM10k, Criminal fine only, offence provides sentence imprisonment not exceeding 12 months. 2nd Class Magistrate cannot deliver sentence more than 6 months imprisonment and fine not more than RM1k. Combination of the above.

Ref:
Earlier posts.