Showing posts with label Malaysian Legal System. Show all posts
Showing posts with label Malaysian Legal System. Show all posts

Thursday, June 18, 2009

Do you know this death punishment?

ropeDeath punishment is also known as Capital punishment/ Death Penalty.

Do you know that in Malaysia when a person getting a mandatory death penalty by a court, they will be hanging till death?

Yeah, not like others countries they used different ways in carrying the death penalty.

Like in China they used shooting (either by firing squad or single shot) to carried the death penalty to offender. Some countries used an electric chair and also by a lethal/poisonous injection.

 And do you know that in Malaysia, when a person is punished with life imprisonment, he/ she will be imprisoned for 20 years only?

Yes, it’s true. Under Section 3 of Criminal Justice Act 1953 provided that “A sentence of imprisonment of life shall be deemed for all purposes to be a sentence of imprisonment for twenty years.”

Therefore, if a person being sentenced to life imprisonment penalty, he will be freed after he been imprison for 20 yrs.

Tuesday, May 12, 2009

Legal Terms That You Need to Know When Talking With Lawyers~

Salam,

We frequently seen on TV when there are news on any criminal, or other cases occurred, the reporter or the newsman sometimes stating the legal word that sometimes we don't understand rite? So now I will laid out some most commonly used legal terms in television that you must know.(BORING~)

1) Affidavit
written declaration made under oath; a written statement sworn to be true before someone legally authorized to administer an oath
- wordnet.princeton.edu/perl/webwn
- In Malay it is called 'Pengakuan Bersumpah'.
- Came from Latin word which means "he has declared upon oath."

2) Status Quo
the existing state of affairs
- wordnet.princeton.edu/perl/webwn
- It means it's remain as same as before or something like that.
- For example, when there are re- election in Perak, and the Pakatan Rakyat win as they did before, it is then called 'status quo'

3) Prima Facie cases
apparently correct; not needing proof unless evidence to the contrary is shown; at first sight; on the face of it
- en.wiktionary.org/wiki/prima_facie
- This terms is always been confused with res ipsa loquitur ("the thing speaks for itself").
- This is to show whether there was a case or not. If the case is prima facie therefore there will be "a couse of action" to bring legal action.
- Example, when there was a breach of contract, the person must prove before bring legal action that there was a contract, then only he can claim.

4) Accused (Criminal Cases)/ Defendant(Civil Cases)
- a wrongful person

5) Plaintiff
- the person who commences an action or “law suit”;

6) Stare Decisis
-
a Latin term meaning “ to abide by decided cases”;
- this principle of the common law requires judges to apply previous binding decisions of their own court or any higher court (it is also known as "Doctrine of Binding Precedent")

7) Hierarchy in Malaysia court
- ok, since I noticed some people dont aware of this when the High Court ruled that Ir Mohd Nizar was the legitimate MB in My 12, 2009. They think it is the definite decision, while it is not actually.

In Malaysia we have,
FEDERAL COURT
as the Highest Court.
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Then we have,
THE COURT OF APPEAL
as the Second Highest Court.
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Then,
HIGH COURT
Every State have their own, including Federal Territories.
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Then,
Magistrate Court.
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Finally,
Penghulu Court.
Rarely Used. Used for unimportant disputes like 'Curik Ayam or what'

To learn more on each court function and jurisdiction need more time, therefore maybe later.

erm, I think that all the most commonly used legal terms. If you want to know more you may used Google to find the answer or you can ask here in comment. Or if you can give oppinion/ addition to this post if you want in the comment. I really appreciate it.

Anyway, thanks for reading~