module 2 the court system.ppt

8/14/2019 MODULE 2 THE COURT SYSTEM.ppt

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WHAT IS A COURT

Malaysia has a single hierarchy of courts which enforces both Federaland State laws. The courts can pronounce on the:

a. Legality of executive Acts of Government, Federal and

State.b. Validity of any law passed by the Parliament andState legislaturesc. Interpretation of any provision of the Constitution,Federal and State

The hierarchy of courts begins from the Magistrates' Court, SessionsCourt, High Court, Court of Appeal, and finally, the Federal Court. The superior courts are the High Court, Court of Appeal, and theFederal Court, while the Magistrates' Courts and the Sessions Courtsare classified as subordinate courts .


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Sinha & Dheeraj, Legal Dictionary , ILBS, Petaling Jaya, p. 49

Court - A body of men elected or appointed under theConstitution and laws of a state, and vested with thepower of rendering judgments, issuing writs, or hearingand deciding appeals. Each member of the Court iscalled judge or justice, or sometimes recorder orchancellor.

WHAT IS A COURT


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SESSIONS

COURT

S u p e r i o r

C o u

r t s

S u

b o r d

i n a t e

C o u r t s

FEDERAL COURTS

COURT OF APPEAL

* F ormer ly k nown as theSupreme Court

SYARIAH

COURTS

HIGH COURT

OF MALAYA

HIGH COURT

OF SABAH & SARAWAK

SESSIONS

COURT

JUVENILE

COURT

MAGISTRATES

COURT

NATIVE

COURT

MEGISTRATES

COURT

PENGHULUS

COURT

HIERARCHY OF MALAYSIAN COURT


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FEDERAL COURTS Is the highest court in Malaysia.

Consists of the Chief Justice, the President of the Court of Appeal, the Chief Judgeof Sabah and Sarawak, and six Federal Court Judges.

Every proceeding is heard by a minimumof three judges or greater (uneven number of judges).

The Chief Justice is the head of the Malaysian Judiciary.

His appointment (like those of the President of

Court of Appeal, the two Chief Judges, judges of the Federal Court, the Court of Appealand the High Court) are made by The Yangdi-Pertuan Agong on the advice of the PrimeMinister after consulting the Conference of Rulers

Federal Court of Malaysia


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Article 121(2) of the Federal Constitution confers the FederalCourt with the following jurisdiction:-

(a) To determine appeals from decisions of the Court ofAppeal, of the High Court or a judge thereof;

(b) Such original or consultative jurisdiction as is specified inArticles 128 and 130; and

(c ) Such other jurisdiction as may be conferred by or under

federal law.

FEDERAL COURTS


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Article 128(1) of the Federal Constitution states that the FederalCourt has the exclusive jurisdiction to determine:-

(a) Any question whether a law made by Parliament or bythe Legislature of a State is invalid on the ground that itmakes provision with respect to a matter with respect towhich Parliament or, the Legislature of the State has nopower to make laws; and

(a) Disputes on any other question between States orbetween the Federation and any State.

FEDERAL COURTS


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Nuraisyah Chua Abdullah (2004), Questions & Answer on MalaysianCourts, Statutes, Cases & Contract, Tort & Criminal Law , ILBS,Petaling Jaya, pp. 23-24:

(1) To hear civil and criminal appeals from decisions of the Court ofAppeal and a High Court as provided under Article 128(3) of theFederal Constitution. This appellate function occupies the bulk of thecourts work.

(2) To exercise exclusive original jurisdiction on those matters conferredon it under Article 128(1) and (2) of the Federal Constitution. It canalso pronounce on the validity of any federal or state legislation asbeing in excess of powers.

FEDERAL COURTS


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Nuraisyah Chua Abdullah (2004), Questions & Answer onMalaysian Courts, Statutes, Cases & Contract, Tort & CriminalLaw , ILBS, Petaling Jaya, pp. 23-24:

(3) To determine constitutional questions, which have arisen in theproceedings of the High Court but is referred to the Federal Courtfor a decision as provided under Article 128(2) of the FederalConstitution.

(4) To give its opinion on any question referred to it by the Yangdi-Pertuan Agong concerning the effect of any provision of theConstitution which has already arisen or appears likely to ariseasprovided under Article 130 of the Federal Constitution.

FEDERAL COURTS


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Nuraisyah Chua Abdullah (2004), Questions & Answer on MalaysianCourts, Statutes, Cases & Contract, Tort & Criminal Law , ILBS,Petaling Jaya, p. 24:

(1) The Court of Appeal has the jurisdiction to hear and determine anyappeal against any High Court decision on criminal matters under Article121(1B) of the Federal Constitution and section 50(1) of the Courts ofJudicature Act 1964.

(1) The Court of Appeal also has jurisdiction to hear and determine civilappeals generally for cases where the amount or value of the subjectmatter of the claim is at least two hundred and fifty thousand ringgit(RM250,000) under section 68(1) of the Courts of Judicature Act 1964.

COURT OF APPEAL


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Jurisdiction on Criminal matters:-

- To hear and determine any criminal appeal against any decision bythe High Court:-

(a) made in the exercise of its original jurisdiction; and(b) in the exercise of its appellate or revisionary jurisdiction onany criminal matter decided by the Sessions Court.

- However, if it is an appeal from a decisionof the High Court exercising its appellate

jurisdiction on any criminal matter thatoriginated from a Magistrates Court,then no further appeal to the Court ofAppeal is permissible without leaveof the Court of Appeal.

COURT OF APPEAL


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Jurisdiction on Civil matters:-

-To hear and determine appeals from any judgment or order of any HighCourt in any civil cause or matter, whether made in the exercise of its originalor of its appellate jurisdiction, subject to any written law regulating the termsand conditions upon which such appeals are brought (section 67 of the Courtsof the Judicature Act 1964).

- No appeal shall be brought:-

(a) If the amount or value of the claim is less than RM250,000, except withthe leave of the Court;(b) The judgment or order is made by consent of parties;(c) The judgment or order relates to costs only; and(d) By virtue of any written law the judgment or order of the High Court is

final.

COURT OF APPEAL


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Nuraisyah Chua Abdullah (2004), Questions & Answer on MalaysianCourts, Statutes, Cases & Contract, Tort & Criminal Law , ILBS, PetalingJaya, p. 24:

(1) In the exercise of its original jurisdiction, it has unlimited criminal andcivil powers. Any matter, which cannot be determined in thesubordinate courts is heard before the High Court.

(2) In criminal cases, no case may be brought to the High

Court unless the offender has been properly committedfor trial after the preliminary hearing in aMagistrates Court (See Part II of the Courtsof Judicature Act 1964).

HIGH COURT


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Nuraisyah Chua Abdullah (2004) ( contd ):

(3) In the exercise of its appellate jurisdiction, the High Court hearscriminal and civil appeals from the Magistrates and Sessions Courtsunder sections 26 and 28 of the Courts of Judicature Act 1964respectively).

(4) The High Court also possesses the power to refer any points of lawarising in the appeal for the decision of the Court of Appeal if it feels

that is in the public interest and of paramount importance undersection 35 of the Courts of Judicature Act 1964.

(5) The High Court has been conferred general supervisory andrevisionary jurisdiction over all subordinate courts under section 31of the Courts of Judicature Act 1964.

HIGH COURT


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Original Jurisdiction

-On all criminal matters punishable by death and in civil matters where theclaim or the subject matter is land, bankruptcy, trusts, probateand administration of estates, divorce, exceeds RM100,000.00 or remedysought specific performance, an injunction or recission of contract.

Appellant Jurisdiction

- To hears and determines civil and criminal appeals from the Magistrates'and Sessions' Courts. - No appeal shall lie to the High Court from a decision of a subordinatecourt in any civil cause or matter where the amount in dispute or the valueof the subject matter is RM10,000 or less except where it involves aquestion of law (sections 26-29 of the Courts of Judicature Act 1964).

HIGH COURT


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Nuraisyah Chua Abdullah (2004), Questions & Answer on Malaysian Courts,Statutes, Cases & Contract, Tort & Criminal Law , ILBS, Petaling Jaya, p. 25:

(1) Its criminal jurisdiction extends to all offences other than offencespunishable with death under section 63-64 of the Subordinate CourtsAct 1948.

(2) In civil matters, it has jurisdiction to try all actions and suits of a civilnature where the amount in dispute or value of the subject matter

does not exceed two hundred and fifty thousand ringgit under section65(1)(b) of the Subordinate Courts Act 1948.

However, matters relating to land, specific performance, injunction andbankruptcy are excluded from its jurisdiction under section 69 of theSubordinate Courts Act 1948.

SESSION COURT


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- The Magistrates Courtdeals with minor civil andcriminal cases. The court ispresided by a magistrate.

MAGISTRATE COURT


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1. Jurisdiction (First Class Magistrate)

a. Criminal jurisdiction - The maximum term of imprisonment does not exceed ten years, in cases of

robbery, (section 392 Penal Code) lurking, house trespass and house

breaking (section 457 Penal Code) or in all cases where the punishment is byfine only.

- The maximum sentence can pass is five years imprisonment, a fine of RM10,000, whipping of 12 strokes or a combination of any of thesepunishments.

b. Civil jurisdiction: - The claim of the dispute does not exceed RM 25,000.- Disputes over immovable property, recovery of rent mesne profits and

damages where the amount claimed does not exceed RM 24,000, or wherethe rent payable does not exceed RM 24,000 per year or RM 2,000 per

month.

MAGISTRATE COURT


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2. Jurisdiction (Second Class Magistrate)

- criminal jurisdiction exists where the maximum term ofimprisonment does not exceed one year, in cases of robbery, (section392 Penal Code) lurking, house trespass and house breaking (section457 Penal Code) or in all cases where the punishment is by fineonly. The maximum sentence can pass is 6 months imprisonment, afine of RM 1,000 or a combination of any of these punishments.

- Civil jurisdiction exists where the plaintiff seeks recovery of a debt orliquidated demand where the amount claimed does not exceedRM 3,000. Small claims courts are also available in the magistrates'courts jurisdiction before a second class magistrate. These have thesame civil monetary limit but disallow any legal representation.

MAGISTRATE COURT


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Nuraisyah Chua Abdullah (2004), Questions & Answer on MalaysianCourts, Statutes, Cases & Contract, Tort & Criminal Law , ILBS,Petaling Jaya, p. 26:

(1) The penghulu is empowered to hear and determine originalproceedings of a civil in nature in which the plaintiff seeks torecover a debt or liquidated demand in money not exceedingfifty ringgit.

(2) All the parties to the proceedings are persons of an Asian racespeaking and understanding the Malay language (section 94 ofthe Subordinate Courts Act 1948).

PENGHULU COURT


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Nuraisyah Chua Abdullah (2004), Questions & Answer on Malaysian Courts,Statutes, Cases & Contract, Tort & Criminal Law , ILBS, Petaling Jaya, p. 26:

(3) The criminal jurisdiction of a Penghulus Court is restricted to the trial

offences of a minor nature which are specifically enumerated in his kuasa and which can be adequately punished by a fine not exceeding twenty-five ringgit (RM25.00) under section 96 of the Subordinate Courts Act1948.

(4) Under section 95(2) of the Subordinate Courts Act 1948, the Penghulus Court can only try criminal charges against persons of an Asian race. Anyperson charged with an offence before a Penghulus Court may elect to betried by a Magistrates Court under section 95(3) of the SubordinateCourts Act 1948.

PENGHULU COURT


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Lee Mei Pheng (2005), General Principlesof Malaysian Law (5th Ed.) , Penerbit FajarBakti Sdn. Bhd., Shah Alam, p. 59:

Juvenile Courts have been set upto deal with criminal offenders below the

age of eighteenUnder Section 4(4) of the Juvenile CourtsAct 1947 (Revised 1972),the court is conferred jurisdiction to tryall offences except those punishable by

death.

JUVENILE COURT /THE COURT FOR

CHILDREN


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Lee Mei Pheng (2005), General Principles of Malaysian Law (5th Ed.) ,Penerbit Fajar Bakti Sdn. Bhd., Shah Alam, p. 61:

It exercises jurisdiction over matters affecting native customs where the

parties are natives. Native Courts are empowered to try civil and criminalmatters including the following:

1. Cases arising from breach of native law or custom, e.g. those relatingto religious or matrimonial matters.

2. Cases involving land where there is no title issued by the LandOffice and in which all the parties are subject to the same nativesystem of personal law.

3. Civil cases (excluding land) where the value of the subject-matter doesnot exceed fifty ringgit and all parties are subject to the same native

system of personal law.

NATIVE COURT


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Nuraisyah Chua Abdullah (2004), Questions & Answer on Malaysian Courts,Statutes, Cases & Contract, Tort & Criminal Law , ILBS,Petaling Jaya, p. 21:

The courts, which enforce the Islamic law are the Syariah Courts the jurisdiction given by the State and the Syariah Courts is limited. However, itshould be noted that amendment has been made to the Syariah Courts(Criminal Jurisdiction) Act, 1965 in 1984 which has extended the jurisdiction ofthe Syariah Courts to deal with cases punishable

with imprisonment up to three years, or fine upto RM5,000 or whipping up to six stokes orthe combination of all these.

NATIVE COURT


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1. Sinha & Dheeraj, Legal dictionary, Petaling Jaya: International LawBook Services (ILBS).

2. Nuraisyah Chua Abdullah (2004), Questions & answers on malaysiancourts, statutes, cases & contract, tort and criminal law, Petaling Jaya:

International Law Book Services (ILBS).3. Lee Mei Pheng (2005), General principles of malaysian law (5th ed.), Shah

Alam: Penerbit Fajar Bakti Sdn. Bhd. 4. http://www.cljlaw.com/membersentry/judges/courts.asp 5. http://www.kehakiman.gov.my/courts/maljudiciary.shtml

6. http://en.wikipedia.org/wiki/Courts_of_Malaysia
http://www.cljlaw.com/membersentry/judges/courts.asphttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://en.wikipedia.org/wiki/Courts_of_Malaysiahttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.kehakiman.gov.my/courts/maljudiciary.shtmlhttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asphttp://www.cljlaw.com/membersentry/judges/courts.asp

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