10 Courts: Role & Hierarchy

Question 1

Malaysia has a

Answer 1

single hierarchy of courts which enforce both Federal and State laws

Question 2

The hierarchy comprises, in order of prominence, the:

Answer 2

• Federal Court
• Court of Appeal
• High Court of Malaya & Sabah and Sarawak
• Sessions Courts
• Magistrate’s Courts

Question 3

Introduction

Answer 3

• Every court have general jurisdiction to deal with
  civil and criminal matters, and with disputes involving
  private and public law
• With effect from 10/6/1988 (Constitution (Amendment) Act 1988 added clause (1A) to Article 121 of the FC), any matter that was within the jurisdiction of the Syariah Courts was removed from the High Courts and subordinate courts

Question 4

Superior Courts (4)

Answer 4

• Established under the Federal Constitution
• Jurisdiction of FC & CA is defined by the Federal Constitution and Courts of Judicature Act 1964
• Jurisdiction of HC is defined only by the Courts of Judicature Act 1964
• Superior courts have unlimited jurisdiction

Question 5

Subordinate Courts (3)

Answer 5

• Established by and derive their jurisdiction and powers from the Subordinate Courts Act 1948
• Have limited or prescribed jurisdiction
• Generally subject to the control and supervision of the superior courts