JURISDICTION OF COURT IN MALAYSIA

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JURISDICTION OF COURT IN MALAYSIA by Mind Map: JURISDICTION OF COURT IN MALAYSIA

1. SUPERIOR COURT

1.1. i) FEDERAL COURT

1.1.1. Determine law made by Parliament/ Legislature of a State is valid/ invalid

1.1.2. Decide on disputes on any other question between States/ between Federation & any other states in Malaysia

1.1.3. May use consultative jurisdiction for Federation/ states' government when need arises

1.1.4. Can hear and determine any cases brought to it by CoA & HC on criminal and civil matters

1.1.5. Give opinion on any question referred to it

1.2. ii) COURT OF APPEAL

1.2.1. Jurisdiction to determine appeals from HC on criminal & civil matters

1.2.2. Any other jurisdiction as may be conferred by/ under the Federal law

1.2.3. Appeals are restricted by Sec. 68 of CJA 1964

1.2.3.1. Amount of subject-matter of claim <RM250,000, except with leave of CoA

1.2.3.2. Order is made by consent of the parties

1.2.3.3. Order relates to costs only

1.2.3.4. Judgment of HC is declared to be final

1.3. iii) HIGH COURT

1.3.1. Civil Jurisdiction

1.3.1.1. Focus on matters in which Magistrates & SC have no jurisdiction

1.3.1.2. Matters relate to divorce and matrimonial cases, appointment of guardians of infants, the granting of probate of wills and testaments and letters of administration of the estate of deceased persons, bankruptcy and other civil claims (>RM1 million)

1.3.2. Criminal Jurisdiction

1.3.2.1. Focus to offences on which Magistrates & SC have no jurisdiction. eg: offences which carry the death penalty

1.3.3. Appellate Jurisdiction

1.3.3.1. HC hear appeals from Magistrates & SC in both civil + criminal matters

1.3.3.2. Amount must >RM10,000 except where it involves a question of law

1.3.4. Supervisory and revisionary jurisdiction over all subordinate courts under Sec. 31 CJA 1964

2. SUBORDINATE/ LOWER COURT

2.1. i) SESSION COURT

2.1.1. Civil Jurisdiction

2.1.1.1. All civil matters : motor vehicle accidents, landlord-tenant, distress actions. Other matters where amount in dispute <RM1million

2.1.2. Criminal Jurisdiction

2.1.2.1. All criminal offences except those punishable by death

2.2. ii) MAGISTRATE COURT

2.2.1. 1st Class Magistrates

2.2.1.1. Civil : amount dispute <RM100,000

2.2.1.2. Criminal

2.2.1.2.1. Offence is punishable by a fine only - cover majority of traffic offences

2.2.1.2.2. Offence provides for a term of imprisonment <10 years

2.2.1.3. Cannot impose

2.2.1.3.1. Term of imprisonment not >5 years

2.2.1.3.2. Fine up to RM10,000

2.2.1.3.3. Whipping exceeding 12 strokes

2.2.1.3.4. Any sentence combining any of the sentences above

2.2.2. 2nd Class Magistrates

2.2.2.1. Civil

2.2.2.1.1. Hear civil case where Pf seeks to recover a debt/ liquidated demand in money payable by Df, with/ without interest, not >RM10,000

2.2.2.1.2. Amount claimed not >RM5,000

2.2.2.1.3. Must prepare to conduct the case by yourself as legal representation is not permitted

2.2.2.2. Criminal

2.2.2.2.1. Offence is punishable by a fine only

2.2.2.2.2. Offence provides for a term of imprisonment not >12 months

2.2.2.3. May pass a sentence

2.2.2.3.1. Term of imprisonment not > 6 months

2.2.2.3.2. Fine not >RM1,000

2.2.2.3.3. Any sentence combining any of the sentences above