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TYPES OF COURT BAB 3 PART 9 - Coggle Diagram
TYPES OF COURT BAB 3 PART 9
COURT OF APPEAL**
9.2**
Second highest court in the Malaysian judiciary system
Created in 1994 pursuant to Article 121(1B) of the Federal Constitution
Only perform the function of an Appellate Court (court to hears the appeals of a trial’s court’s decision).
Composition : President of the Court of Appeal
HIGH COURT 9.3
Headed by the Chief Judge , appointed by the YDPA
Chief Judge of Malaya & Chief Judge of Sabah & Sarawak
Have unlimited civil jurisdiction and hear claims exceeding RM1 million.
Have unlimited jurisdiction in all criminal matters excluding matters involving Islamic law.
Have the jurisdiction in criminal cases punishable by death
SESSION COURT 9.4
Have jurisdiction to try all criminal and civil offences other than offences punishable by death penalty and amount dispute is less than 250K
Criminal jurisdiction – can pass any sentences including natural life sentence.
A
Sessions Court Judge
is appointed by the YDPA on the recommendation of the respective Chief Judges.
Civil jurisdiction – motor vehicle accidents, landlords & tenants, distress, dispute, cancellation or rectification of instrument or contracts
MAGISTRATE COURT 9.5
This court hears criminal and civil cases
Second class magistrate 9.5.1
Appointed by the State Authority
Offence punishable by fine only or
Offence with imprisonment not exceeding 12 months
may pass sentence of
Imprisonment not exceeding 6 months
Fine not exceeding RM1K Any sentence of the above
For civil cases not exceeding RM10K
First class magistrate 9.5.2
Have the power to try all criminal offences which maximum term of imprisonment does not exceed 10 years or punishable with fine only
pass sentences of not more than 5 years imprisonment , fine up to RM10K & maximum of 12 strokes
Hear all civil cases with less than RM100K in dispute