malaysian court system

second class magistrate: criminal jurisdiction

- max improsonment <1yr of rob, lurking, house trespass, house breaking, punishment by fine only - max 6 mth imprinsonment , fine RM1000

magistrate court

- minor civil and criminal cases - presided by a magistrate

if appeal from high court

*

Federal Courts consisting

- Chief Justice (head of Malaysian Judiciary) - President of Court of Appeal. - Chief Judge of Sabah & Sarawak. - 6 Federal Court Judges.

first class magistrate: criminal jurisdiction

- max imprisonment <10 yrs - rob, lurking, house trespass, house breaking, punishment by fine only - max 5yrs, fine RM10,000, whip 12

Subordinate Courts

- magistrates' courts - sessions courts - juvenile court - native court - penghulu's court

native court

- matters affecting native customs all parties are natives - cases from breach of native law - cases involving land with no title issued by the land of office (all parties must have the same native system) - civil cases (not land) value of subject >RM50

federal court appointed by

- YDPA - advised by PM - after consulting the Conference of Ruler

court

- a body elected under constitution and laws of state - vested with power of making judgements - issuing orders - hearing & deciding appeals - member of courts: judge, recorder, chancellor.

no appeal by court of appeal if

- amount of value claim is < RM250000, ecpt withthe leave of court - judgement by consent of parties - judgement relate sto costs only - by written law, the order of judgement by high court is final

court of appeal jurisdiction has jurisdiction to hear and determine

- any appeal against any High Court decision on criminal matters - civil appeals where the amount of subject of claim >RM 250000

federal court proceeding hearing

- by > 3 judges (uneven) - chief justice is the head of malaysian judiciary

second class magistrate: civil jurisdiction

- claim <RM3,000 - small claims have the same monetary limit but disallow legal limit

first class magistrate: civil jurisdiction

- claim> RM25,000 - dispute on - immovable object - recovery of rent mesne profits and damages -damages <RM24,000 - rent <RM24,000/ yr or <RM2,000/mth

High Court Original Jurisdiction

- criminal matters punishabe by death - civil matters of -land - bankruptcy - trusts - probate and administration estate - divorce - >RM100 000 - remedy sought specific performance - injunction or recission of contract

Session court

- criminal offences except punishable by death - <RM250,000 - excluding land, specific performance, injunction, bankruptcy

Federal Constitution confers Federal court jurisdiction

- determine appeals from decisions Court of Appeal, High Court or judge - original or consultive jurisdiction - jurisdiction under federal law

Power of the federal courts (p2)

- determine constitutional questions from proceedings of High Court that is refered to federal court. - give opinion on question by YDPA about effect of provision of Constitution

jurisdiction on civil matters

- determones andappeals - any judgement of high court

Shari'a Courts

- enforces islamic law - delas with cases punishable with imprisonment to 3yrs, fine to RM5,000, or 6 whips

juvenile court

- for age <18 - try all offences axcept those punishable by death

penghulu court

- hear and determines proceedings of a civil which the plaitiff seeks o recover a debt or liquidated demand in money <RM50 - all parties to the proceedings are asians speaking and understanding BM others at magistrate court - fine <RM25

Power of the federal courts (p1)

- hear civil & criminal appeals from decision of court of appeal & high court. - use original jurisdiction on matters conferred under Article 128 (1) & (2) of federal constitution. - pronounce validity of federal or state legislation being excess of powers

High Court Appellate Jurisdiction

- hears and determines civil and criminal appeals from magistrate's and session's courts - no appeal at high court if, the matter of dispute is <RM10,000 except if it involves a puestion law

Superior Courts

- high court - court of appeal - federal court

Federal Court Jurisdiction determines

- law by Parliament or State Legislature is invalid as thay have no power to make law on the matter - disputes betwwen states or between federation and state

courts can pronounce

- legality of executive acts of government, federal and state - validity of law passed by Parliament & State legislature - interpretation of provisions of Constutution, Federal & State

jurisdiction on criminal matters- hear and determine appeal agaisnt decision by high court (2)

- made in original jurisdiction - made in its appellate or revisionary jurisdiction on criminal matter by session court

High Court

- unlimited criminal and civil powers - matters can't be determined in subordinate courts is heard at high court - in criminal cases, can't be herd unless done hearing in a magistrate's court - hears criminal and civil cases from magistrate and sessions courts - has power to refer any law from the appeal at court of appeal if important and is to public inteterest - has been conferred general supervisory and revisionary jurisdiction over all subordinate courts

single hierarchy courts in Malaysia

enforces federal & state law