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THE LEGAL SYSTEM IN MALAYSIA - Coggle Diagram
THE LEGAL SYSTEM IN MALAYSIA
Sessions Court
Empowered to deal with all claims up to the value of RM 1,000,000.
Try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments
Highest Subordinate Court
It also has unlimited jurisdiction to hear matters involving vehicles accidents, landlord and tenant and distress proceedings.
High Court
It has unlimited criminal and civil powers.
Any civil matter which cannot be determined in the subordinate courts is heard before the High Court.
Two high Courts: High Court of Malaya and the High Court of Sabah and Sarawak, each with a Chief Judge.
A preliminary hearing must be held in a Magistrates’ Court.
In the exercise of its appellate jurisdiction, it has civil and criminal appeals from the Magistrates‘and Sessions Courts.
Federal Court
It consists of The Chief Justice, The President of the Court of Appeal, The Chief Judge of Malaya, The Chief Judge of Sabah and Sarawak Six Federal Court Judges
As a final court of appeal, it normally sits in a full bench of five judges, and on rare occasions a full bench of seven
The highest court in Malaysia
Every proceeding in the Federal Court is heard and disposed of by three judges or such greater uneven number of judges as the Chief Justice may in any particular case determine.
Magistrates' Courts
Magistrates are appointed by Yang di-Pertuan Agong on the recommendation of the Chief Judge. In each of the States, magistrates are appointed by the State Authority on the recommendation of the respective Chief Judges.
Two categories of magistrates:
1) First class magistrates
2) Second class magistrates.
Deals with minor civil and criminal cases.
Court of Appeal
The amount or value of the subject-matter of the claim is not less than RM250,000.
Headed by President of the Court of Appeal
Section 38 of Courts of Judicature Act 1964 - At least 3 judges to determine case (must be uneven numbers)
Jurisdiction to hear and determine any appeal against any High Court decision.
Court of children
Below 18 age then call minors
Hearing, determining or disposing of any charge against a child
Exercising any other jurisdiction conferred or to be conferred on Courts for Children by or under the Child Act 2001 or by any other written law.
Hears all cases involving minors except cases carrying the death penalty which are heard in High Courts instead.
Industrial Court
Established to: 1) Relieve the ordinary courts of some of their work. 2) Provide specialized adjudication of disputes of a technical character.
It has jurisdiction over matters concerning employer, employees and trade unions.
In hearing any trade dispute, the court to be constituted necessarily consists of the President and two members drawn from the panel – one from each group.