JURISDICTION OF COURT IN MALAYSIA (SUPERIOR COURT)
von Mohamad Aiman Afif Hamdan
1. FEDERAL COURT
1.1. 1) Determine law made by Parliament/Legislature of a State is valid/ invalid. 2) Decide on disputes on any other question between States/ between Federation & any other states in Malaysia. 3) May use consultative jurisdiction for Federation/ states' government when need arises. 4) Can hear and determine any cases brought to it by CoA & HC on criminal and civil matters. 5) Give opinion on any question referred to it.
2. COURT OF APPEAL
2.1. 1) Jurisdiction to determine appeals from HC on criminal & civil matters. 2) Any other jurisdiction as may be conferred by/ under the Federal law. 3)Appeals are restricted by Sec. 68 of CJA 1964. 4) Amount of subject-matter of claim <RM250,000, except with leave of CoA. 5) Order is made by consent of the parties. 6) Order relates to costs only Judgment of HC is declared to be final.
3. HIGH COURT
3.1. Civil Jurisdiction
3.1.1. 1) Focus on matters in which Magistrates & SC have no jurisdiction. 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).
3.2. Criminal Jurisdiction
3.2.1. 1) Focus to offences on which Magistrates & SC have no jurisdiction. eg: offences which carry the death penalty
3.3. Appelatte Jurisdiction
3.3.1. 1) HC hear appeals from Magistrates & SC in both civil + criminal matters. 2) Amount must >RM10,000 except where it involves a question of law.