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JUDICIAL SYSTEM (HIERARCHY (Court of Appeal, High Court, Session Court,…
JUDICIAL SYSTEM
HIERARCHY
Court of Appeal
High Court
Session Court
Federal Court
Magistrate Court
FEDERAL COURT
Proceedings
Usually sits in a full bench of 5 judges
Important/complex cases - full bench
3 judges or greater uneven number
Decision by majority
Composition
Chief Justice
President of COA
2 Chief Judges of HC
4 other Judges
Provision
Part IV Courts of Judicature Act
Article 121 (2)
Hear appeal cases from COA (cases from original jurisdiction on the HC)
Have original jurisdiction as well (Article 128 (1))
COURT OF APPEAL
Provision
Article 121 (1B)
Part III Courts of Judicature Act
Composition
President of COA
HC Judges
Not more than 32 judges
Appellate jurisdiction only
Proceedings
3 judges or greater uneven number
Decision by majority
HIGH COURT
Jurisdiction
Appellate
Civil
More than 10K
Exception - question of law & maintenance of wife and children
Criminal
From subordinate courts
Exception - Fine less than RM25
Original
Civil
Unlimited
More than 1 Million
Criminal
Unlimited
Beyond the jurisdiction of lower courts
Cases of offenses - death penalty
Provision
Article 121 (1)
Part II of Courts of Judicature Act
Composition
Chief Judge of HC
Not less than 4 judges
SESSION COURT
Composition
Session Court Judge
Jurisdiction
Civil
Exceed 1 Million
Criminal
All offenses except punishable by death
Original Jurisdiction ONLY
Provision
Section 59 of the Subordinate Courts Act
Courts with Special Jurisdiction
Court Martial
Court for Children
Special Court
CLASSIFICATIONS
Civil Courts
Subordinate
Sessions Court
Magistrate Court
Superior
Court of Appeal
High Court
Federal Court
Court with Special Jurisdiction
Court Martial
Court for Children
Special Court
Syari'ah Court
Native Court
MAGISTRATE COURT
First Class
Provision
S76 Subordinate Courts Act
Composition
Legally qualified Magistrate
Jurisdiction
Original
Civil
Less than 100,000.00
Criminal
Fine only
Appellate
From Penghulu Court
May dismiss criminal appeal
Second Class
Provision
Composition
Jurisdiction