Court Structure
Federal Court
Determine the validity of law made by the Parliament/State Legislative Assembly.
Decide on disputes on any other questions between State Or between the Federation and any other states in Malaysia.
may use consultative jurisdiction for Federation/States' government when need arises.
Can hear and determine any cases br9ought to it by Court of Appeal and High Court on criminal and civil matters. Give opinion on any question referred to it.
For Session court, name one civil jurisdiction.
- Unlimited jurisdiction to try all civil matters related to motor vehicle accidents, landlord-tenant, distress actions.
- All other matters of civil nature where amount in dispute does not exceed RM1 million.
- The Amendment Act also conferred the Sessions Court with jurisdictions to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments.
- Further, the Amendment Act empowers the Sessions Court to grant an injunction and to make any other relief, redress or remedy is or could be claimed.
High court of Malaya
High court of Sabah & Sarawak
Name one thing the Court of Appeal does
Jurisdiction t o determine appeals from High Court on criminal and civil matters.
Any other jurisdiction as may be conferred by / under the Federal law.
Appeals are restricted by Section 68 of Court of Judicature Act 1964.
What is the criminal jurisdiction for the Session Court?
All criminal offenses except those punishable by death.
What falls under the Federal Court?
Court of appeal
What are the four lists referring to Section 68 of Court of Judicature Act 1964?
1. Amount of subject matter of claims must be more than RM250,000. If the amount is less than RM250,000 , the parties must get permission from the Court of Appeal.
2. Order is made by consent of the parties.
3. Order relates to costs only.
4. Judgement of High Court is declared to be final.
Name either explaination of the the civil or criminal jurisdiction from the First Class Magistrate.
Civil: amount dispute not more than RM100,000
Criminal:- Offense is punishable by a fine only - covering majority of the traffic offenses.
- Offense provides for a term of imprisonment not more than 10 years.
Sessions court
1st class Magistrate
2nd class Magistrate
Civil Jurisdiction:
- Focus on matters in which Magistrates and Session Court have no jurisdiction to hear.
- Matters relate to divorce and matrimonial cases, appointment of guardians of infants, the granting of probate of wills and testaments and letters of administration of the estate of deceased persons, bankruptcy and other civil claims (>RM1 million)
Criminal Jurisdiction:
- Focus on offenses on which Magistrates and Session Court have no jurisdiction to hear, e.g. offenses which carry the death penalty.
What are the four terms that can not be imposed by the Magistrate Court?
- Term of imprisonment not more than 5 years.
- Fine up to RM10,000.
- Whipping exceeding 12 strokes.
- Any sentence combining any of the sentences above.
What are the 3 courts that falls under the Special courts?
Shariah Court
Native Court
Court of Children
Name two Appellate jurisdictions from the High Court.
High Court appeals from Magistrates and Session Court in both civil and criminal matters.
Amount must be more than RM10,000 except where it involves a question of law.
Name one of every three things from the Second Class Magistrate
- Plaintiff seeks to recover a debt / liquidated demand in money payable by Defendant, with / without interest more than RM10,000
-Amount claimed not more than RM5,000
-Must prepare to conduct the case by yourself as legal representation is not permitted
Criminal:
- Offense is punishable by fine only.
- Offense provides for a term of imprisonment not more than 12 months.
May pass a sentence:
- Term of imprisonment not more than 6 months.
- Fine not more than RM1,000
- Any sentence combining any of the sentences above.