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MPU2163

Malaysian Studies 2

Court of Malaysia
Students Name ID No. Course
Nicholas Ong Zhenyang SCSJ-0018725 FOBBA- DIBA
Lee Yik Quan SCSJ-0018736 FOBBA-DIA
Leow Gin Fei SCSJ-0018682 FOBBA-DIA
Lee Siew Chun SCSJ-0018724 FOBBA-DIBA
Law Sook Cian SCSJ-0018975 FOBBA-DIA


Lecturers name

Ms. Siti Nadia Binti Muhamed




Court of Malaysia

Content
Introduction 3
The Role and Jurisdiction of Courts 4
Type of Courts in Malaysia.. 5
Characteristic and Objectives of courts....... 6




























Court of Malaysia

Introduction


In Malaysia, our law applied both Federal law and State law. One of the important
roles in Malaysia is the Court. Our courts prepare a forum to resolve disputes and to test and
impose laws in a just and reasonable manner no matter what status, special rights, colour,
political ideology, religions and size of the organizations or its influence. All Court decisions
are based on what the law says and what the evidence proves; there is no place in the courts
for suspicion, bias or favouritism. Therefore, the peace and harmony of our country is always
maintains.

Court also known as the legality of executive Acts of Government, Federal and State;
Validity of any law passed by the Parliament and State legislature; Interpretation of any
provision of the Constitution, Federal and State.

Actually, there are many of benefits to have courts in our country. For example, the
citizens profit, right and privilege are protected through a contract. Besides peace and
tranquility in the nation, this is because it makes sure all the citizen will obey the rules and
regulations set by the law. Moreover, Courts also create a reliable, fair and efficient justice
system; therefore, all citizens justice is protected. Last but not least, these courts also make
the judicial process more responsive, effective, faster, better and easier.

Court of Malaysia

The Role and Jurisdiction

The main role of the Judiciary is to defend justice for everyone in a fair manner, and their
objective is to create and maintain national peace.

The four big areas of jurisdiction:
As stated by Tun Mohamed Suffian, the courts have for parts of jurisdiction:

1. The power to interpret the Constitution
2. The power to interpret a law
3. The power to proclaim a written Federal or State law invalid
4. The power to declare a government action as invalid in the eyes of the law

These four powers are important to protect the justice and the rule of laws.

















Courts of Malaysia
Types of Court and their Characteristic
Federal Court
The Federal Court is the highest court in Malaysia. The Federal Court is form of the
Chief Justice of the Federal Court, the Chief Justice of the High Courts, four judges and a
number of additional judges. The Federal Court handles on appeals of civil and criminal
cases from the High Courts. In the Federal Court all judges are appointed by theYang di-
Pertuan Agong on the advice of the Prime Minister of Malaysia.

High court
The high courts are headed by the Chief Judge of the High Courts. The two High
Courts in Malaysia have general supervisory and revisionary jurisdiction over all the lower
Courts, and jurisdiction to hear appeals from the Lower Courts in civil and criminal matters.
High court may impose death penalty.
The High Court hears all matters relating to:
1. Matrimonial cases
2. Matters of the winding-up of companies and bankruptcy
3. Custody of children
4. Grants of probate, wills and letters of administration of estates
5. Injunctions, specific performance or rescissions of contracts
6. Legitimacy of persons

Cases are heard by a single judge in the High Court, or by a judicial commissioner.
While High Court judges enjoy security of tenure, judicial commissioners are appointed for a
term of two years, and do not enjoy similar protection under the Constitution.

Sessions court
The Sessions Court is headed by the Session Court Judge, it is placed at the highest of
the lower courts category. The Sessions Courts hear any criminal cases except cases which
involve in death punishment. The Sessions courts have the right to impose jail sentence, fine
or whipping. The amount of disputed in this court will not exceed RM 250,000. Session court
hears all cases include landlord and tenant cases.

Magistrate court
The Magistrate Court is headed by only one Magistrate. It is under the category of
lower court. Magistrates are divided into First Class and Second Class Magistrates, the
former being legally qualified and having greater powers. Second Class Magistrates are now
not normally appointed. The Magistrate court hears light criminal cases where the jail
sentence does not more than 10 years or is punished by fine only. The magistrate court also
has the right to impose caning for criminal cases.

Penghulu court
The Penghulu Court is placed at the lowest of the lower court in the judicial system
in the country. The Penghulu Court is headed by the Penghulu or Head of Mukim in the
Penghulu Hall. The Penghulu Court hears light criminal case where the fine will not exceed
RM25, moreover it also hears civil cases where the fine does not over RM50.

District court
District court is headed by the District Officer. The district court is place in the state
of Sabah and Sarawak. District court has the authority to decide for a re-trial.

Juvenile court
The Juvenile Court is leaded by a Session Court Judge. This court is function to hear
offences done by teenagers who less than 18 years of age.

Syariah court
Syariah Court is leaded by the head of a religious. Head of religious is appointed by
Sultan. Syariah Court hears cases which against the Islamic religious law involving Muslim
only. Syariah Court also function as handle of the Islamic law and the administer.

Industrial court
The Industrial Court is responsible to judge and settles the cases between employer
and employee. Besides that, it also hears cases about trade union disputes.







Court of Malaysia

Judicial System and Stages in Malaysia

Courts are categorized into three stages, Superior Courts, High Courts and Lower
Courts. Besides, we also have Special Courts.

The highest stage is the Superior Court; in the Superior Court stage consist of Federal
Court. Therefore, Federal Court is the Highest Court in Malaysia. Next, we have the High
Court level, this level consist of High Courts of Malaya and High Courts of Sabah and
Sarawak. Both High Courts are the same level. The last stage is the Lower Court; Lower
Court is form of Session Courts, Magistrate Courts and Penghulu Courts. Session Courts is
the highest court of the Lower Court category, follow by the Magistrate Court and Penghulu
Court.

Besides, we also have Special Courts category, this is category is form by Juvenile
Court, Syariah Court and Industrial Court.








Court of Malaysia

Rules and Etiquette of Courts
A courtroom is a solemn place, we must have respect for the judge as a representative
of the court, and respect for the courtroom process. Therefore there are some general rules
that most courts require us to comply with when we are in the court.
There are plenty of dos and donts whenever one step into the courts. First, we must
always make sure that we appear in clean and professional manners. For example, wild
hairstyle, sleeveless shirts, shorts, mini-skirts (above knees), slippers, cap and helmets are not
allowed in the court.
Disturbance is strictly not allowed, all mobile phones, beeper or other electronic
devices that will cause disturbance must be switch off. Attendees are encouraged to be
punctual, entering late will cause disturbance. Moreover, children are not allowed in most of
the courts unless they are quiet.
There are certain actions or things that we cant bring in to the courtroom. For
example, smoking, eating, taking photograph, tape recording and sleeping are not allow. All
these actions show disrespect to the judges and courtroom process. Besides, weapons, food,
beverage, newspaper and cameras are not allowed to bring in to the courtroom.
Lastly, to show respect to the judge, everyone is compulsory to bow to the judge
when enter or leave the courtroom. We are encouraged to be on our best behaviour in order
to show respect to the judge and the others.




Court of Malaysia

Condition and Qualities to be a Judge in Malaysia
Judges play important roles in the court. They interpret the law, consider the evidence
presented, and control how hearings and trials unfold in their courtrooms. Most important of
all, judges are fair conclusion-makers in the result of justice. Therefore, judge required some
qualities in them.
First of all, the judge must be a citizen of Malaysia. A judge should be knowledgeable
about law in order to impose the right sentence and penalty. Next, judge must be able to
make a fair and good decision regardless what status, special rights or religious. A judge
must be a good listener too.









































The Role of the Judge

Judges play many roles. They interpret the law, assess the evidence presented, and
control how hearings and trials unfold in their courtrooms. Most important of all, judges are
impartial decision-makers in the pursuit of justice. We have what is known as an adversarial
system of justice - legal cases are contests between opposing sides, which ensures that
evidence and legal arguments will be fully and forcefully presented. The judge, however,
remains above the fray, providing an independent and impartial assessment of the facts and
how the law applies to those facts.
There have many criminal cases - and almost all civil ones - are heard by a judge
sitting without a jury. The judge is the "trier of fact," deciding whether the evidence is
credible and which witnesses are telling the truth. Then the judge applies the law to these
facts to determine whether a civil claim has been established on a balance of probabilities or
whether there is proof beyond a reasonable doubt, in criminal cases, that the suspect is guilty.
Anyone who faces five years or more in prison if convicted of a crime has the right, under
the Charter, to request a jury trial, and many defendants facing serious offences such as
murder opt to have a jury hear their case. The jurors become the triers of fact and assess the
evidence while the judge takes on the role of legal advisor, explaining the law to the jurors.
The jurors then retire to deliberate on a verdict. In criminal cases the jury's verdict, either
"Guilty" or "Not Guilty" must be unanimous.
If the defendant is convicted of a crime, the judge passes sentence, imposing a penalty
that can range from a fine to a prison term depending on the severity of the offence. In civil
cases the judge decides whether a claim is valid and assesses damages, grants an injunction
or orders some other form of redress to the plaintiff, unless a jury has been empanelled to
make these decisions.


The Qualities Required of a Judge

Judges come to the bench after making a significant contribution to the legal
profession and their communities. Many have been active in law societies and have done
volunteer and charitable work. Others have been active in politics or won elected office.
Judges who have served on a lower court are sometimes promoted to a higher court, such as a
provincial court of appeal or the Supreme Court of Canada.The judge is "the pillar of our
entire justice system," the Supreme Court of Canada has said, and the public has a right to
demand "virtually irreproachable conduct from anyone performing a judicial function."
Judges must strive for the highest standards of integrity in both their professional and
personal lives. They should be clear about the law with their knowledgeable, willing to
undertake in-depth legal research, and must be able to write decisions that are clear, cogent
and earnestly. Their determination should be sound and they should be able to make
informed decisions that will stand up to close scrutiny. Judges should be equitable and open-
minded, and should appear to be fair and open-minded. They should be good listeners but
should be able, when required, to ask questions that get to the heart of the issue before the
court. They should be courteous in the courtroom but firm when it is necessary to rein in a
rambling lawyer, a disrespectful litigant or an unruly spectator.


How Judges Make Decisions

In the course of a single case, a judge may make countless decisions interpreting the
intent of the Charter or a piece of legislation, or applying legal principles and precedents
established under the common law. If there is a Supreme Court of Canada or other higher-
court ruling in that province or territory that interprets the law or deals with a similar dispute,
the judge is obligated to make a ruling that is consistent with this precedent. The details of
every case are different, however, and the judge may be able to "distinguish" the rulings of
other courts and make a decision that breaks with precedent. And, of course, if a novel issue
arises and there is no precedent to follow, the judge must craft a decision that breaks new
ground but is consistent with the principles laid down in common law. Judges also consider
common law precedents from other jurisdictions and countries. While not binding, these may
offer guidance as to the best way to resolve a dispute.

A similar approach is taken when deciding the sentence to impose on someone
convicted of a crime. The Criminal Code sets out the maximum prison term for each offence
and sometimes a minimum sentence that must be served in custody. The maximum penalty is
reserved for the worst crimes and the worst offenders, and there is a wide array of sentencing
options - discharges, fines, probation or conditional sentences served in the community. The
judge must take into account the seriousness of the offence, the offender's background and
prospects for rehabilitation, and the need to deter others from committing crimes. Judges also
review the sentences other judges have imposed for similar crimes, to ensure the punishment
is fair and fits the crime. In Canada, sentencing is not based on revenge but rather on the
fundamental concepts of protection of the public, fairness, deterring others from committing
crime and reforming the individual offender.



List of Chief Justices of the Federal Court

Main article: Chief Justice of Malaysia
Abdul Hamid Omar 1994, previously Lord President
Mohamed Eusoff Chin 1994 2000
Mohamed Dzaiddin Abdullah 2000 2003
Ahmad Fairuz Abdul Halim 2003 2007
Abdul Hamid Mohamad 2007 - 2008
ZakiTunAzmi 20082011
TunArifinZakaria (2011present)
[4]

For a list of Lord Presidents, see Lord President of the Federal Court.

The Executive Body
As at the federal level, the state executive body is responsible for ruling the state. It
consists of the Ruler/Sultan or Yang DipertuaNegeri and the State Executive Council. The
paragraphs that follow explain further the structure and process of this body.

Sultan and Yang DipertuaNegeri
In our country, Malaysia, are using monarchical system which including that at the
state level, is very unique when compared with other countries, such as Brunei, Saudi Arabia
and the United Kingdom. The royal family are no power of the administrative system of
government in the country. But the position of the sultans inherited since the Malacca
Sultanate, is continued
and enhanced in the nine Malay states - Perlis, Kedah, Perak, Selangor, Negeri, Sembilan,
Johor, Pahang, Terengganu and Kelantan until today.
The position of the rulers - Sultans and Yang DipertuaNegeri - is further strengthened
through the Federal Constitution with the setting up of the institution of the Yang di-
PertuanAgong.


Authority
As state leader, the ruler or sultan is a head who rules according to the laws or
constition of the state. In this context, His Highness is the chief executive for the executive
for the respective state. It is his actions that rule the state, though based on the act on advice
principle, that is following the advice of the State Executive Council which is chaired by the
MenteriBesar, with the exception of certain powers that allow him to make decisions
according to his discretion. This includes:
1. The appointment of the MenteriBesar.
2. The refusal to assent to the request for dissolving the State Legislative Assembly.
3. The request for the Rulers Council to meet to discuss the special rights, position,
sovereignty and supremacy of the rulers or issues pertaining to religious acts.
practices and ceremonies.
4. Whatever duty as head of the Islamic religion or Malay customs.
5. The appointment of the heir or queen, the acting ruler or the Acting Ruler`s Council.
6. The appointment of people holding ranks, titles, honours and designations according
to Malay customs and determining the duties concerned.
7. Making rules relating to the royal audience hall and the palace.














Powers of the High Court

(1) Without prejudice to the generality of Article 121 of the Constitution the High
Court shall in the exercise of its jurisdiction have all the powers which were vested in it
immediately prior to Malaysia Day and such other powers as may be vested in it by any
written law in force within its local jurisdiction.
(2) Without prejudice to the generality of subsection (1) the High Court shall have the
additional powers set out in the Schedule: Provided that all such powers shall be exercised in
accordance with any written law or rules of court relating to the same.




Summary rejection of appeal
Where the grounds of appeal do not raise any question of law and it appears to the
President and two other Judges of the Court of Appeal that the evidence is sufficient to
support the conviction and that there is no material in the circumstances of the case which
could raise a reasonable doubt whether the conviction was right or lead the Court of Appeal
to consider that the sentence ought to be reduced, the appeal may, without being set down for
hearing, be summarily rejected by an order under the hand of the President, certifying that
the said Judges, having perused the record, are satisfied that the appeal has been brought
without any sufficient ground of complaint and notice of the rejection shall be served upon
the appellant:
Provided that
(i) if, in any case rejected under this section, the appellant gives, within seven days of service
of notice of rejection upon him, notice to the Registrar of the Court of Appeal of application
for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a
certificate signed by an advocate specifying the question to be raised and undertaking to
argue it, the Court of Appeal may grant leave to amend accordingly and shall restore the
appeal for hearing; and
(ii) for the purpose of this section, the question whether a sentence ought to be reduced shall
be deemed not to be a question of law.



Powers of Court of Appeal
At the hearing of an appeal the Court of Appeal shall hear the appellant or his
advocate, if he appears, and, if it thinks fit, the respondent or his advocate, if he appears, and
may hear the appellant or his advocate in reply, and the Court of Appeal may thereupon
confirm, reverse or vary the decision of the High court, or may order a retrial or may remit
the matter with the opinion
of the Court of Appeal thereon to the trial court, or may make such other order in the matter
as to it may seem just, and may by that order exercise any power which the trial court might
have exercised:
Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point
raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it
considers that no substantial miscarriage of justice has occurred.
(2) At the hearing of an appeal the Court of Appeal may, if it thinks that a different sentence
should have been passed, quash the sentence passed, confirmed or varied by the High Court
and pass such other sentence warranted in law (whether more or less severe) in substitution
therefor as it thinks ought to have been passed.
(3) The Court of Appeal shall in no case make any order under this section as to payment of
costs of any appeal to or by the appellant or respondent.


Additional evidence
In dealing with any appeal in a criminal case the Court of Appeal may, if it thinks
additional evidence to be necessary, either take such evidence itself or direct it to be taken by
the trial court.
(2) When the additional evidence is taken by the trial court, it shall certify the evidence, with
a statement of its opinion on the case considered with regard to the additional evidence, to
the
Court of Appeal, and the Court of Appeal shall thereupon proceed to dispose of the appeal.
(3) The parties to the appeal shall be present when additional evidence is taken.
(4) In dealing with any appeal in a criminal case the Court of Appeal may also, if it thinks fit,
call for and receive from the trial court a report of any matter connected with the trial.


Judgment
On the termination of the hearing of an appeal the Court of Appeal shall, either at
once or on some future day which shall either then be appointed for the purpose or of which
notice shall subsequently be given to the parties, deliver judgment in open court.
(2) In criminal appeals and matters the Court of Appeal shall ordinarily give only one
judgment, which may be pronounced by the President or by such other member of the Court
of Appeal as the President may direct: Provided that separate judgments shall be delivered if
the President so determines.
(3) The judgment of any member of the Court of Appeal who is absent may read by any other
Judge.



Certification of judgement
(1) Whenever a criminal case is decided on appeal, the Court of Appeal shall certify its
judgment or order to the courts concerned.
(2) The courts concerned shall thereupon make such orders as are conformable to the
judgment to the order of the Court of Appeal, and, if necessary, the record shall be amended
in accordance
therewith.
(3) Upon the withdrawal or discontinuance of any appeal the Registrar of the Court of
Appeal shall notify the courts concerned accordingly, and stay of execution has been granted,
the sentence or order of the trial court or as varied by the High Court in its appellate
jurisdiction, as the case may be, shall forthwith be enforced, but nothing in this subsection
shall be deemed to limit or restrict the powers of extending time conferred upon the Court of
Appeal by section 56.
64. (Deleted by Act A328).
65-66. (Deleted by Act A909).



Costs of appeal
70. The Court of Appeal may make such order as to the whole or any part of the costs of
appeal or in the court below as is just.


Sittings of the High Court
19. The High Court shall sit at such times and at such places as the Chief Judge shall from
time to time appoint.

What are the criminal jurisdictions of the High Court? What
power does the High Court have? :
http://www.lawyerment.com/library/kb/Legal_Institutions/Judiciary/1005.ht

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