Hierarchy And Jurisdiction Of Court In Malaysia

The federal court of malaysia in the highest court of the land. Magistrates court and sessions court. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia which is the highest level.

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The jurisdiction of the courts in civil or criminal matters are contained in the subordinate courts act 1948 and the courts of judicature act 1964.

Hierarchy and jurisdiction of court in malaysia. The following is the hierarchy of subordinate courts. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia. There are generally two types of trials criminal and civil. Penghulu s court the penghulu s courts hear civil issues in which the claim is below rm50 00 and where the offenders are of asian race and speaks and understands the malay language.

The magistrates court s jurisdiction can be found in the subordinate courts act 1948 sca 1948. With this quick breakdown in mind let s dig deeper into the respective courts. The appellate courts are made up of the high court the court of appeal and the federal court. Question 1 a in accordance with judicial precedent the judge of high court is bound to the decision of court of appeal.

Judicial precedent is a system where a judge of a court makes a decision and the court at the same level as it or the courts below it in the hierarchy of the malaysian judicial system are bound to follow the decision make by it if the illegal point facts and situation in. Jurisdiction of court in malaysia by anis shuib 1. Decide on disputes on any other question between states between federation any other states in malaysia. The hierarchy of courts begins from the magistrates court sessions court high court court of appeal and finally the federal court.

The high courts in malaysia are the third highest courts in the hierarchy of courts after the federal court and the court of appeal article 121 of the constitution of malaysia provides that there shall be two high courts of co ordinate jurisdiction the high court in malaya and the high court in sabah and sarawak before 1994 the high court in borneo. These are those courts in malaysia which are somewhat similar to the former quarter sessions in england. The high court court of appeal and the federal court are superior courts while the magistrates court the court for children and the sessions court are subordinate courts. The magistrates court the court for children and the sessions court are subordinate courts.

The magistrates courts as well as the sessions courts in malaysia have jurisdiction in both civil and criminal matters. Determine law made by parliament legislature of a state is valid invalid. The subordinate courts in malaysian legal system hierarchy the subordinate courts comprises the sessions courts the penghulu s courts in western part of malaysia and the magistrates court.