ORGANIZATION OF COURTS IN MALAYSIA

DEFINITION OF SOME RELATED TERMS Court - Place to administer justice/formal platform to settle disputes between individuals or individuals & states Judiciary that branch of government, which has the judicial power Judicial power power of government to decide controversies between its subjects or between itself and its subjects Jurisdiction the right to decide @ the sort of cases that may be tried Original J the right of court to try case at first instance before any other court @ power to hear case for first time Appellate J Power to consider a case after the case has been decided by a lower court Judicial Review Power to pronounce the legality or otherwise of an act @ statute Supervisory J Power of HC to control activities of subordinate courts or tribunals CLASSIFICATIONS OF COURTS IN MALAYSIA Superior/Higher Federal Court Court of Appeal High Court Subordinate/Lower Session Court Magistrate Court Courts with Special Jurisdiction Special Court Court Martial Industrial Court Juvenile Court Syariah Court Native Court

HIERARCHY OF COURTS IN MALAYSIA

Federal Court Court of Appeal

{Superior Courts}

High Court of Malaya

High Court of Sabah & Sarawak (Borneo) {Subordinate Courts}

Sessions Court

Sessions Court

Magistrates Court Penghulus Court

Magistrates Court

COMPOSITION & JURISDICTION OF THE FEDERAL COURT

ART FC/ PROVISION COMPOSITION/ CONSTITUTION PROCEEDINGS ORIGINAL CIVIL & CRIMINAL Art 121(2) & Part IV Courts of Judicature Act 1964 Members : 1.President of FC [Chief Justice] 2.President of Court of Appeal 3. 2 Chief Judges of High Court 4.4 other judges or additional [current no. are 7] Per sitting: 3 judges or greater uneven number Usually sits in a full bench of 5 judges For important complex & rare cases sits full bench [all 7 judges] Decision by majority Has the same original jurisdiction as the High Court Additional jurisdiction [Art 128(1)]: i) Determine the validity of law made by Parliament/State Legislative Assembly ii) Decide disputes between States or States and the Federal Govt. May also exercise consultative jurisdiction JURISDICTION APPELLATE REFERRAL/ ADVISORY/ SUPERVISORY/ REVISIONARY POWER Referral: Determine constitutional provision from anor court Advisory: Give opinion on any Q referred by YDPA on any provision of FC

CIVIL

CRIMINAL

Hear appeal cases from the Court of Appeal [cases from the original jurisdiction of the High Court]

Hear appeal cases from the Court of Appeal [cases from the original jurisdiction of the High Court]

COMPOSITION & JURISDICTION OF THE COURT OF APPEAL

ART FC/ PROVISION COMPOSITION/ CONSTITUTION PROCEEDINGS ORIGINAL CIVIL & CRIMINAL Art 121(1B) & Part III Courts of Judicature Act 1964 Members : 1. President of the Court Appeal [Chairman] 2. 10 judges 3. HC judge may sit if President thinks that the interest of justice requires Per sitting : 3 judges or greatest uneven number Decision by majority None JURISDICTION APPELLATE REFERRAL/ ADVISORY/ SUPERVISORY/ REVISONARY POWER

CIVIL

CRIMINAL

Hear appeal cases from the High Courts original & appellate jurisdiction. Amount of subject matter in the appeal is 250K & over; if less only with leave

Hear appeal cases from the High Courts original jurisdiction. Also appeal from the High Courts appellate or revisionary jurisdiction in any matter decided by the sessions Court [could also apply to Magistrates Court cases with leave from the CA]

COMPOSITION & JURISDICTION OF THE HIGH COURT

ART FC/ PROVISION COMPOSITION/ CONSTITUTION PROCEEDINGS ORIGINAL CIVIL Art 121(1) & Part II Courts of Judicature Act 1964 Members : 1.Chief Judge of High Court 2. Not less than 4 Judges Per sitting : 1 Judge Unlimited Jurisdiction Generally confines itself to matters on which the Magistrates and Sessions Courts have no jurisdiction By practice, only hear claim with amount over 250K Specific civil jurisdiction: i) D ivorce & matrimonial cases for Non Muslim CRIMINAL JURISDICTION APPELLATE CIVIL Hear appeal cases from a subordinate court in any civil matter where the value of subject matter is more than RM 10K Exception on the monetary limit: A question of law & maintenance of wives & children CRIMINAL Hear appeal cases from a subordinate court in any criminal matter, except for where the offence is punishable with a fine less than RM25. REFERRAL/ ADVISORY/ SUPERVISORY POWER Revisionary: Review decisions made by administrators @ admin adjudicating bodies (eg tribunal)

Unlimited Jurisdiction Generally confines itself to offenses on which the Magistrates and Sessions Courts have no jurisdiction

Cases of offences which carry the death penalty.

ii) dmiralty matters iii) ankruptcy iv) inding-up of company v)

A B W

A ppointment of guardian [infant/perso n/property] vi) G uardian for idiot/mentally disordered/ unsound mind vii) W ills & letters of admin of estates of deceased

COMPOSITION & JURISDICTION OF SESSION & MAGISTRATE COURTS

ART FC

MEMBERS/ COMPOSITION

ORIGINAL JURISDICTION

APPELLATE JURISDICTION CIVIL / CRIMINAL

REVISIONARY POWER

CIVIL JURISDICTION A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions Court may also hear other matters where the amount in dispute does not exceed RM250,000.00. CRIMINAL JURISDICTION A Sessions Court has jurisdiction to try all criminal offenses EXCEPT those punishable by death. ) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed, 25,000.00. Where the amount claimed does not exceed RM5,000.00 you may wish to file your claim in the "small claims" division of the Magistrates Court. If you do so however, you must be prepared to conduct the case

yourself, as legal representation is not permitted. (B) CRIMINAL JURISDICTION A Magistrates Court may hear criminal matters of the following nature:where the offense is punishable by a fine only - this would cover the majority of traffic offenses. where the offense provides for a term of imprisonment not exceeding ten years. A Magistrate may not, however, impose a term of imprisonment exceeding five years.

COMPOSITION & JURISDICTION OF COURTS OF SPECIAL JURISDICTION

COURT

MEMBERS/ COMPOSITION

ORIGINAL JURISDICTION

ESTABLISHMENT