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TYPES OF COURTS IN MALAYSIA - Coggle Diagram
TYPES OF COURTS IN MALAYSIA
Superior Courts
The high courts
Consisted of 2 Chief Judges
The jurisdiction of the high court is original, appellate and supervisory
It has unlimited criminal and civil powers
The Court Appeal
Constitutes the President of the Court of Appeal and up to 10 Court Of Appeal Judges
Heard by 3 judges or such greater uneven number of judges
Has jurisdiction to hear and determine
Any appeal against any Hight Court decision on criminal matters.
Civil appeals generally for cases where the amount/value of the subject-matter of the claim is at least RM250,000.00
Has no power to re-open, re-hear, nor to re-examine its decision for whatever purpose.
The Federal Court
Highest Court in Malaysia
Heard and disposed of by 3 judges or such greater uneven number of judges
Has jurisdiction to in matters
Hearing civil and criminal appeals from the Court of Appeal
Exercising exclusive original jurisdiction on those matters conferred on it under Article 128(1) and (2) of the Federal Constitution
Determining constitutional question arisen in the proceedings of the High Court but referred to the Federal Court for a decision
Subordinate Courts
Penghulu's Courts
Lowest level of subordinate courts
Presided by a Penghulu/headman
Hear and determine proceedings a civil nature in which the plaintiff seeks to recovers a debt/liquidated demand in money not exceeding RM50.
Deals with minor civil and criminal cases
Juvenile Courts
Deal with criminal offenders below the age 18 years old
Consists of a first class magistrate who is assisted by 2 lay advisers, one of whom hall, if practicable, be a women
Guilty offenders may be sent to the approved institutions/ schools to be given corrective education
The court is closed to public in order to protect the young offender from publicity
Session Court
The highest of the subordinates/ inferior courts
Its criminal jurisdiction extends to all offences other than offences punishable with death
In civil matters, it has jurisdiction to try all actions and suits of a civil nature where the amount in dispute (value of the subject-matter) does not exceed RM100,000
Other Courts
The Industrial Court
Deals primarily with trade disputes thus, the jurisdiction over matters concerning employers, employees and trade union
Consists of a President appointed by the Yang diPertuan Agong and a panel of persons appointed by the Minister of Law
The Syariah Court
Enforces Islamic Law in Malaysia and comprises of the Chief Kadis (Kadi Besar) and Court of the Kadis
It possesses civil jurisdiction between parties who are Muslims and limited criminal jurisdiction involving offences by Muslim against the religion
Relating the sex (khalwat, incest, unlawful sex, prostituion)
Consumption of liquor
Failure to fast during Ramadhan
Marriage, divorce, property arising out of marriage, guardianship and custody of infants
The Native Court
Exist in Sabah and Sarawak to hear and determine disputes among natives
Exercises original jurisdiction arising from
Breach of native law/custom
Involving land where there is no life issued by the Land
Civil cases (value of the subject-matter does not exceed RM50)