law chapter 2
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The Court system
Chapter 2
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Court hierarchy
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FederalCourt
HighCourt
Session
Court
MagistrateCourts
Court ofAppeal
Special
Courts
Royal
Commissions/Tribunal
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Special Courts
Martial Court
Court For Children
Labour Court
Syariah Court
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Doctrine of precedent
(Stare decisis)
Courts should treat similar cases in
similar fashion.
Results in:
Precedent- a judgement of a court
cited as authority for the legalprinciple embodied in the decision.
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Basis of precedent
Ratio decidend i- The reason for thedecision made by the judges
Obiter dictum- Observations madeby judges in explaining or further
clarifying their decisions
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Precedents
B inding Precedent- Courts must
follow the ratio decidendiof
judgements made in higher courts in
the same court hierarchy.
Persuasive Precedent- Courts mayfollow the ratio decidendiof all other
courts not higher in the same court
hierarchy, or the obiter dictaof allcourts.
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Jurisdiction
Original Ju r isdic t ion- Certainmatters can be heard for the first time.
Appel late Ju r isd ict ion- Hearing amatter on appeal from another court.
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Importance of a court hierarchy
Serious matters are heard by higher
courts with more experienced judges.
Ensures doctrine of precedent can
operate through appellate jurisdiction.
Allows appeals against decisions on
the basis of mistakes of law.
Allows for specialisation.
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Adversary system of justice
Criminalmatters
Civil matters
Standard ofproof
Beyond areasonabledoubt
On the basis ofprobabilities
Burden ofproof:
Prosecution Plaintiff
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Rules of Statutory interpretation
The literal rule:The Courts are to interpret the words
used in an Act of Parliament literally
as far as they can, i.e. they must givethe words used in statutes the same
meaning that they have in every day
use.
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Rules of Statutory interpretation
The Golden Rule:
The courts may depart from a literal
reading of the Act to prevent anabsurd result.
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Rules of Statutory interpretation
The purpose approach: Where a literal interpretation is not
possible (e.g. the words are ambiguous)
the court may interpret the statuteaccording to the original purpose or
policy underlying its enactment.
(Information behind Statute can be usedin order to understand what was meant
to be achieved.)
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General rules of interpretation
Legislation is not intended to beretrospective.
Where there are several matters specifically
dealt with by a statute, matters not stated are
not intended to be covered.
Where there is reference to both general and
specific matters, the general matters are
limited to matters of a similar nature or class
to the specific matters.
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General rules of interpretation
Technical words used in a statute are to be
given their technical meaning.
If there is conflict between a general and aspecific provision in the statute, the specific
provision should receive precedence.
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