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Court - Coggle Diagram

Court

Subordinate Court

History

Malaysia Act 1963 Section 74 Subordinate Court Act (Extension) Order 1980, subordinate court extended to Sabah and Sarawak

First class Court of Magistrate’s and District Court became Sessions Court

Second and Third class Court of Magistrate’s, court of small causes and petty court became Magistrate’s Court

Magistrates and magistrates of first class became president of court of sessions, magistrates of second and third class became second class magistrates

Subordinate Courts (Amendment) Act 1987, President of Sessions Court is replaced by Sessions Court Judge

Sessions Court

Civil- hear all cases (RM 100k ＜value＜RM 1 million)

Criminal- except case subject to death penalty

Magistrate's Court

Civil- dispute/claim less than RM 100k only

Criminal- fine less than RM 10k, imprisonment less than 5 years, 12 whipping

Federal Court

History

1963- supreme court replaced by federal court and 3 high courts (Malaya, Singapore, Borneo)

Constitution (Amendment) Act 1983, rename to supreme court

Constitution (Amendment) Act 1994, rename as federal court, Lord President change to Chief Justice

Jurisdiction

Original- determine validity of law, dispute on any issue

Appellate- hear appeals from Court of Appeal and High Court

Revisionary- determine questions arise before another court

Advisory- provide opinion/advise on effect of provision of constitution to Yang di-Pertuan Agong

Court of Appeal

History

Federal of Malaya Agreement 1948, Supreme court= High court + Court of Appeal

Established under Court of Appeal Act 1994

Jurisdiction

Determine appeal from decision from high court

High Court

History

3 high court presided by respective court

Constitution (Amendment) Act 1994, change the name to Chief Judge

High Court of Malaya, max. no. of judges = 60

High Court of Sabah and Sarawak, max. no. of judges = 13

Judicial commissioners are appointed to facilitate the disposal of case

Jurisdiction

High courts hear the cases and disputes at their location only

Original criminal- hear criminal matter involving death penalty

Original civil- hear & determine civil matter beyond jurisdiction of Court of Sessions and Magistrate’s Court (amount exceeding RM 1 million, pertaining to the divorce and matrimonial matters; admiralty; bankruptcy and companies’ civil disputes; the appointment and guardianship of infant and the property; the appointment and guardianship of the disabled person and the property and letter of administration and probate issues.)

Appellate- criminal and civil appeal from sessions and magistrate’s courts

Commissioner for Oaths

Court of Jurisdiction Act 1964 Section 11(1) & Commissioner for Oaths Rules 2018

Commissioner for Oaths Unit- to manage affairs of all commissioners throughout Malaysia

Appoint by Chief Justice of Federal Court

Roles

To be the source of reference and authentication in relation period of appointment, throughout the country

To process all application made by a Commissioner for Oaths to change the address of service

To record applications and leave notifications by any Commissioner for Oaths

To accept and process information or complaints against any Commissioner for Oaths