between individuals or an individual making a claim against a business in a cheap‚ easy‚ and quick manner where the amounts of the claims not exceeding RM 10‚000.00. It had been stated under Section 92 of Subordinate Courts Act 1948 where Second Class Magistrate shall have only jurisdiction to try original actions or suits of a civil nature where the Plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant with or without interest‚ not exceeding RM10‚000.00.1 According to
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CRIMINAL COURTS IN GENERAL 6. 7. 8. 9. 10. Courts Courts to be open (Deleted) Criminal jurisdiction of Magistrates Offences committed within seven miles of the boundary of a State 4 Laws of Malaysia PART III GENERAL PROVISIONS CHAPTER III AID AND INFORMATION TO MAGISTRATES AND POLICE AND PERSONS MAKING ARRESTS Section ACT 593 11. 12. 13. 14. Public‚ when to assist Magistrates‚ Justices of the Peace and police Aid to persons other than police officer executing warrant Public to give
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subject matter does not exceed RM50. - An appeal against a Penghulu’s decision lies in a First Class Magistrate. THE MAGISTRATES’ COURT (Two classes) 1. Second Class Magistrates’ Court - The Magistrate is not required to be qualified in law‚ and is usually a public servant or minor court officer who performs the functions of granting bail and mentioning cases. - In criminal cases‚ the Magistrate has jurisdiction to try cases where the maximum punishment is not more than 12 months’ imprisonment;
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Sessions Courts‚ each of which is headed by a Sessions Court Judge. Below the Sessions Courts are the Magistrates’ Courts‚ each of which is presided over by a magistrate. Parallel to the Magistrates’ Court is the Juvenile Court (Court For Children) which is also presided over by a magistrate. In Peninsular Malaysia (West Malaysia) there are provisions for Penghulu’s Courts below the Magistrates’ Courts. These are headed by a penghulu or village headman. He has very limited jurisdiction and usually
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Introduction The Malaysian Government follows the Constitution of the Federation of Malaya which was promulgated on Merdeka day‚ August 31‚ 1957 (revised in 1963) in setting up its administrative and policy making decisions. Malaysia practices parliamentary democracy and is ruled as a constitutional Monarchy with Yang di Pertuan Agong as the head of the country. Under the constitution‚ Malaysia as a federation is ruled as a Constitutional Monarchy with the appointment of the Yang di-Pertuan
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S.2 12/13 – G.18 (Degree: Law) Historical Foundations of the Legal System – Topic 3 Legal humanism. Mos gallicus and usus modernus Pandectarum Regalism The XVIIIth century: power as “jurisdiction” and the “administrative monarchy” The Nueva Planta regime Textbook: P. GROSSI‚ A History of European Law‚ pp. 54-58 Reading: L. MANNORI; B. SORDI‚ “Science of Administration and Administrative Law” Text: Further Articles of Impeachment against E. Oxford (House of Lords Journal Volume 20:
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it is an adversarial approach in attempting to resolve legal issues between two opposing sides. There are five features of the adversary system in Australia; contest; party control; strict rules of evidence and procedures; role of the judge or magistrate and single event trials. The strengths and weaknesses of the adversary system‚ which has evolved through out history are varied‚ and as a result the question of whether this system provides justice is often challenged. Unlike the inquisitorial
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Overview Fundamental Rights are an important part in the Constitution of India. It guarantees civil liberties for Indians to lead their lives in peace and harmony. These includes‚ equality before law‚ freedom of speech and expression‚ and peaceful assembly‚ freedom to practice religion‚ and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus‚ quo-warranto‚ mandamus‚ certiorari‚ and prohibition. Violation of these rights is directly challengeable
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“barbarian” is not universally agreed upon‚ as reflected through the Magistrate who states that “We are at peace here…we have no enemies…Unless I make a mistake…Unless we are the enemy” (77). Similarly‚ this ambiguity is reflected through our understanding of the Empire. Initially‚ the Empire (with Colonel Joll as its representative) is seen as “important”‚ and worthy of the “best” (2). As the story progresses however‚ the Magistrate provides us with an epiphanic realization that the Empire is‚ in reality
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c) Would you‚ if you were the magistrate‚ grant the application for the joint trial of Apek and Tok. The issue is whether the application for the joint trial of Apek and Tok can be granted. The general rule is as stipulated in Section 163 of the CPC which requires that every charge against the accused person shall be tried separately. The purpose of this section is to prevent embarassment and unfairness to the accused as stated in the case of R v Sakandar Khan1. However‚ there are several exception
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