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HIERARCHY OF MALAYSIAN COURT, NABILAH BINTI SALEHAN 2020989777 LAW416 …
HIERARCHY OF MALAYSIAN COURT
FEDERAL COURT
Hears appeal from the court of appeal and the High Court
Supreme Head of the Federation (Yang Pertuan Agong), who shall take precedence over all persons in the Federation & shall not be liable to any proceedings in any court except in the Special Court
To determine the validity of any law made by parliament or the Legislature of any states, dispute on any other issue between the states of between the Federation and any State.
Civil Appeal- on a point of law or upon the rejection or admission of evidence.
5.Criminal Cases- Acquittal or conviction or against sentence on appoint of law or fact
COURT OF APPEAL
Was established under the Court Of Appeal Act 1994 on 24th June 1994.
The Court of Appeal hears appeals from the High Court relating to both civil and criminal matters and any other jurisdiction given by or under the federal law.
Consists of the president of the Court Of Appeal who was the chairman of The Court Of Appeal and ten other Court Of Appeal Judges.
The President is also the member of the Federal Court.
Max No. of Judges is 32 Judges
Civil Appeal Case- Hears appeal amount of the value > RM 250,000
Civil Appeal Case- Amount < RM 250,000- must get the permission of Court of Appeal.
Criminal Appeal Cases- Hears and determine any appeal against the decision of High Court.
HIGH COURT
Divided into 2: High Court of Malaya and High Court of Sabah and Sarawak
All decision of higher courts binds the lower courts and the higher courts are bound by their own decision
High Court Judges are not bound to follow the decision of another High Court Judges - Decisions from outside of the Malaysia Courts
Original- Unlimited civil and criminal jurisdictions.
Hear civil and criminal appeals from Magistrates' Court, Session Court, and other tribunals.
SESSIONS COURT
May hear any civil matter involving motor vehicles accidents disputes between landlord and tenant, and distress action.
May hear other matters where the amount in dispute does not exceed RM 1,000,000
Has jurisdiction to all criminal offences except those punishable by death,
MAGISTRATES COURT
1st Class Magistrate
May hear civil case when the amount does not exceed RM 100,000.
May hear criminal matters of which :
the maximum term of imprisonment does not exceed 10 years or;
are punishable with fine only
but may pass sentences of :
not > 5 year imprisonment
a fine up to RM 10,000; and/or
whipping exceeding twelve strokes of the cane
2nd Class Magistrate
Appointed by the State Authority in Malaysia
May hear criminal matters of the following nature:
A term of imprisonment not exceed 12 months
are punishable with fine only
but may pass sentences of:
Not exceed 6 month imprisonment
a fine not exceed RM 1,000
any sentence combining any of the sentences above
NABILAH BINTI SALEHAN
2020989777
LAW416
NBF2A
DR.RAFIZAH BINTI ABU HASSAN