Legal glossary

Medical negligence

Bolam test: The test for whether a doctor met the standard of care: the doctor is not negligent if they acted in line with a practice accepted as proper by a responsible body of medical opinion. Medical negligence claims in Malaysia
Bolitho test: A qualification to the Bolam test: the court can reject a medical opinion that does not stand up to logical analysis, even if some doctors support it. Medical negligence claims in Malaysia
Informed consent: A patient's agreement to treatment after being told of the material risks. In Malaysia, Foo Fio Na v Dr Soo Fook Mun (2007) held that the duty to advise on risks is not decided by the Bolam test. Medical negligence claims in Malaysia
Non-delegable duty: A duty a hospital cannot pass to someone else. If it applies, the hospital can be liable for negligent treatment even when the doctor is not its employee. Medical negligence claims in Malaysia
Causation: The link between the breach of duty and the harm. A claimant must show the negligence caused, or materially contributed to, the injury. Medical negligence claims in Malaysia
Aggravated damages: Extra compensation where the defendant's conduct made the harm worse, for example by high-handed behaviour. Medical negligence claims in Malaysia
Exemplary damages: Damages meant to punish and deter outrageous conduct, rather than only to compensate the claimant. Medical negligence claims in Malaysia

Interim injunction: A temporary court order made before trial, for example to have defamatory content taken down while the case continues. Defamation and online defamation
Norwich Pharmacal order: A court order requiring a third party, such as a platform, to disclose information that helps identify an anonymous wrongdoer. Defamation and online defamation
Justification: A defence to defamation: the statement is substantially true. Defamation and online defamation
Qualified privilege: Protection for statements made where the maker has a legal, social or moral duty to speak and the recipient a matching interest, provided there is no malice. Defamation and online defamation
Section 114A Evidence Act: A rebuttable presumption that the account holder or website owner is the publisher of content posted from that account or site. Defamation and online defamation

Bail: Release of an accused person pending trial, usually on conditions and with a surety. It is governed mainly by sections 387 and 388 of the Criminal Procedure Code. Criminal defence
Surety: A person who promises the court that the accused will attend court, and who may forfeit the bail amount if they do not. Criminal defence

Limitation period: The time limit for starting a court claim. Once it expires, the claim can usually no longer be brought, so it should be checked early. Civil litigation and debt recovery
Letter of demand: A formal letter setting out the claim, the amount or remedy sought and a deadline to respond, usually the first step before court action. Civil litigation and debt recovery
Writ of Summons: The court document that starts a civil action, filed together with the Statement of Claim and served on the defendant. Civil litigation and debt recovery
Statement of Claim: The document that sets out the facts the claimant relies on and the remedies asked for. Civil litigation and debt recovery
Summary judgment: Judgment given without a full trial where the defendant has no real defence to the claim. Civil litigation and debt recovery
Magistrates' Court: The lowest civil and criminal court. On the civil side it hears claims up to RM100,000. Civil litigation and debt recovery
Sessions Court: The court above the Magistrates' Court. On the civil side it hears claims from RM100,001 to RM1 million. Civil litigation and debt recovery
High Court: The superior court of first instance. It hears civil claims above RM1 million, divorce petitions and the most serious criminal cases. Civil litigation and debt recovery

Joint petition: A civil divorce application made by both spouses together, with agreed terms on matters such as custody, maintenance and assets. Family law and divorce
Matrimonial assets: Assets acquired during the marriage that the court can divide on divorce. In Teo Chee Cheong v Chiam Siew Moi (2025), EPF savings were treated as a matrimonial asset. Family law and divorce

Unfair dismissal (section 20 IRA 1967): A claim that an employee was dismissed without just cause or excuse. It is filed with the Industrial Relations Department and may be referred to the Industrial Court. Employment and industrial relations

Definitions are simplified general information, not legal advice.