Law in Malaysia

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Judicial decisions are based on ‘doctrine of binding precedent’. Precedents are the decisions made by judges previously in similar circumstances. There are two types of precedents. Mandatory precedent is applied when the decisions of superior court are binding on lower courts or the superior courts are bound by their own decisions previously. However, the decisions of lower courts are not binding over superior courts. The lower courts must refer to the mandatory precedents of superior courts. However, judge of superior court will distinguish a case before him and the cases laying down the precedents and can decide not to follow the mandatory precedent if he thinks that the mandatory precedent is not related to the case before him. From this, an original precedent is formed. 26
Persuasive precedent is a precedent which is useful or relevant to a case. It is not mandatory for the judges to apply persuasive precedent. Persuasive precedent may be binding on lower courts if judges of superior court choose to apply persuasive precedent. 27
Page 1 and 2: Law in Malaysia Prepared by :- Musb
Page 3 and 4: Law protects basic individual right
Page 5 and 6: Malaysian sources of law comprises
Page 7 and 8: The laws of Malaysia can be divided
Page 9 and 10: Federal Constitution is said to be
Page 11 and 12: State Constitution is the same as F
Page 13 and 14: Article 74 of Federal Constitution
Page 15 and 16: Unwritten laws are laws that are no
Page 17 and 18: But it is not stated that the Commo
Page 19 and 20: In the case Smith Kline & French La
Page 21 and 22: The case law related to the boundar
Page 23 and 24: English Commercial Law applies in P
Page 25: The case related is United Malayan
Page 29 and 30: Adat Perpatih applies in Negeri Sem
Page 31 and 32: After the establishment of Law Refo
Page 33 and 34: Sections 3 and 5 of the Civil Law A
Page 35 and 36: Before January 1, 1985, the Federal
Page 37 and 38: Executive power is vested in the ca
Page 39 and 40: The states of Sabah and Sarawak joi
Page 41 and 42: Malaysia has an exemplary record of
Page 43 and 44: Malay privileges are offset by safe
Page 45 and 46: The jurisdiction of the courts in c
Page 47 and 48: The current President of the Federa
Page 49 and 50: List of Chief Justices of the Feder

Law in Malaysia

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