FEDERAL COURTS

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FEDERAL COURTS by Mind Map: FEDERAL COURTS

1. CONSTITUTION

1.1. Established under Article 121(2) of the Federal Constitution ('the Constitution')

1.2. Consists of

1.2.1. Chief Justice of the Federal Court

1.2.2. the President of the Court of Appeal

1.2.3. two Chief Judges of the High Courts

1.2.4. eight other judges (may be appointed pursuant to Article 122(1A) of the Constitution)

1.3. Every proceeding of the Federal Court is heard and disposed of by

1.3.1. three judges or greater uneven number of judges

1.3.2. the number of judges is determined by the Chief Justice pursuant to s.74 of the Court of Judicature Act 1964

1.3.3. the Federal Court as a final court of appeal normally sits in a full bench of five judges

1.3.3.1. in a very rare and important cases it may sits as a full bench of seven

1.4. all proceedings are decided in accordance with the opinion of the majority of the judges composing the court

2. JURISDICTION

2.1. ORIGINAL

2.1.1. original jurisdiction means: the power to hear case at the first instance

2.1.2. same jurisdiction as the High Court and exclusive original jurisdiction under Article 128(1) of the Constitution

2.1.2.1. determine whether the law made by Parliament or the State Legislature is invalid.

2.1.2.2. determine disputes between States, between the Federal and any State.

2.1.3. the Federal Court in its original jurisdiction may also exercise consultative jurisdiction

2.2. APPELLATE

2.2.1. CIVIL

2.2.1.1. from any decision as to the effect of any provision in the Constitution including validity of any written law concerning any provision

2.2.2. Pursuant to s. 96 CJA 1964: appeals against Court of Appeal decisions, with leave, on 6ny civil matter tried in the first instance in the High Court

2.2.3. CRIMINAL

2.2.3.1. Subject to section 87 of the CJA 1964: hears and determines appeal against the decision of the Court of Appeal relating to any criminal matter decided by the High Court

2.3. REFERRAL

2.3.1. Refer Article 128(2) of the Federal Constitution

2.3.1.1. 1) the Federal Court may determines question in the hearing of other court to the effect of any provision of the Federal Constitution

2.3.1.2. 2) send back to that court to be decided accordingly to detemination

2.4. ADVISORY

2.4.1. This jurisdiction is provided for in Article 130 of the Federal Constitution

2.4.1.1. the Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of the Constitution

2.4.1.2. the Federal Court shall pronounce its opinion on any question so referred in an open court

3. SITTINGS

3.1. The Court sits on such dates and at such places as the Chief Justice may from time to time direct.

3.2. Normally the Federal Courts sits at the Palace of Justice in Putrajaya.

3.3. the Federal Court also goes to the major town of Penang, Ipoh, Kota Bharu, Johor Bahru, Alor Setar, Kuantan, Malacca, Kuching and Kota kinabalu

3.4. Pursuant to section 75 of the Courts of Judicature Act 1964