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FAG 1009 the finale > 10 Courts: Role & Hierarchy > Flashcards

10 Courts: Role & Hierarchy Flashcards

1
Q

Malaysia has a

A

single hierarchy of courts which enforce both Federal and State laws

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2
Q

The hierarchy comprises, in order of prominence, the:

A
  • Federal Court
  • Court of Appeal
  • High Court of Malaya & Sabah and Sarawak
  • Sessions Courts
  • Magistrate’s Courts
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3
Q

Introduction

A
  • 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
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4
Q

Superior Courts (4)

A
  • 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
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5
Q

Subordinate Courts (3)

A
  • 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
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6
Q

History of structure of courts (1965)

A

The superior courts formed a three-tier system:
- Privy Council
- Federal Court
- High Court (Malaya) and High Court (Borneo)

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7
Q

History of structure of courts (1/1/1978)

A

Appeals from Federal Court to Privy Council regarding criminal and constitutional matters were abolished

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7
Q

History of structure of courts (1/1/1985)

A
  • Other appeals to the Privy Council were abolished
  • Federal Court were renamed as Supreme Court
  • 3-tier system were reduced to 2-tier: Supreme Court and High Courts
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8
Q

History of structure of courts (24/6/1985)

A
  • Supreme Court were renamed as Federal Court
  • High Court Borneo was replaced with Sabah & Sarawak
  • Court of Appeal was created
  • 3-tier system reinstated
  • 2-tier appeal process was established
  • Lord President title was changed to Chief Justice
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9
Q

Magistrates’ Court

A
  • Lowest in the hierarchy of courts
  • Has general jurisdiction to try civil or criminal cases within the local limits of jurisdiction
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10
Q

Jurisdiction of MC

A

Original for both First Class and Second Class Magistrate

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11
Q

First Class Magistrate Original Jurisdiction (Civil)

A
  • Amount in dispute or value of subject matter does not exceed RM100K
  • Case shall be tried by a First-Class Magistrate Court under Section 90 of the SCA.
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12
Q

First Class Magistrate Original Jurisdiction (Criminal)

A

Section 85 of SCA grants a First-Class Magistrate Court the authority to hear all criminal offences punishable up to 10 years imprisonment or fine only.

May sentence not exceeding:
- 5 years imprisonment
- Fine not exceeding RM10K
- Whipping up to 12 strokes
- A combination of any sentences above

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13
Q

Second Class Magistrate Original Jurisdiction (Civil)

A

Recovery of debt or liquidated demand not exceeding RM3K

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14
Q

Second Class Magistrate Original Jurisdiction (Criminal)

A

Under Section 88 of SCA, a Second-Class Magistrate Court shall have the jurisdiction to try cases in which the maximum term of imprisonment does not exceed 12 years, as well as those offences that are punishable by fine only.

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15
Q

MC Appeals

A
  • Appeal against decisions of both criminal and civil matters lies to the HC
  • No appeal can be made if the amount in dispute or value of subject matter is less then 10K unless on the question of law
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16
Q

Sessions Court

A
  • Each court shall be presided by a Sessions Court Judge
  • Serves as an intermediary between the MC and HC
17
Q

Jurisdiction of SC

A
  • Original
  • Supervisory
18
Q

SC Original Jurisdiction (Civil)

A
  • Under Section 65(1) of the SCA

Unlimited jurisdiction for:
- Motor vehicle accidents
- Landlords and tenants
- Distress

  • May try other civil cases where the amount in dispute or value of subject matter does not exceed 1M
19
Q

SC does not have Original Jurisdiction on (Civil):

A
  • Immovable properties
  • Enforce trust
  • Account
  • Declaratory decrees, except a declaration within its jurisdiction and interpleader proceedings
  • Issue or revocation of grants or representation of the estates of deceased persons
  • Legitimacy of a person
  • Guardianship or custody of infants
  • Validity or dissolution of marriage
20
Q

SC Original Jurisdiction (Criminal)

A
  • As per Sections 63 and 64 of SCA, SC has the authority to try all criminal offences other than those that are punishable by death
  • Can impose any sentence permitted by law, except for the death penalty.
21
Q

SC Supervisory Jurisdiction

A
  • Limited supervisory role over MC
  • Can review the records of any civil proceedings conducted in a MC
  • If the SC judge views that the MC decision is improper, he shall forward the record, along with their remarks, to the High Court.
22
Q

SC Appeals

A

Appeals from SC in both civil and criminal cases go to HC

23
Q

High Court

A
  • There are 2 high courts with equal jurisdiction and status; HC in Malaya and Sabah & Sarawak
  • Each court only tries cases that arise from its own territory, but if the parties consent in writing, the court may try cases for the other HC’s territory
  • Local jurisdiction for HC Malaya—territory of the states of Malaya
  • Local jurisdiction for HC Sabah & Sarawak—territory comprised in the states of Sabah, Sarawak and Federal Territory of Labuan
24
Q

Jurisdiction of HC

A
  • Original
  • Appellate
  • Revisionary and Supervisory
25
Q

HC Original Jurisdiction (Civil)

A

Can try civil proceedings where:
- the cause of action arose
- defendant resides or has place of business
- the facts on which the proceedings are based
- the ownership of land is disputed

Has specific civil jurisdiction on:
- divorce and matrimonial causes
- admiralty
- bankruptcy
- appointment and control of guardian of infant
- appointment and control of guardian of mentally disordered person
- grant of probate and letters of administration

26
Q

HC Original Jurisdiction (Criminal)

A
  • Has jurisdiction for both citizens and non-citizens for offenses committed within its local territory.
  • The High Court in Malaya handles offenses committed in Peninsular Malaysia, while the High Court in Sabah and Sarawak handles those in East Malaysia.
  • An exception to this general rule applies to offenses committed outside Malaysia by citizens or permanent residents.
    (eg; offenses occurring on the high seas aboard ships or aircraft registered in Malaysia)
27
Q

HC Appellate Jurisdiction (Civil)

A
  • Appeal cases from subordinate courts
  • Amount in dispute or subject matter
    must be more than 10K, except on a question of law
28
Q

HC Appellate Jurisdiction (Criminal)

A
  • Can hear appeals from subordinate courts according to any law in force within its local jurisdiction

Restrictions:
- Cannot appeal if it is a fine not exceeding RM25
- If an accused has pleaded guilty, and has been convicted, he cannot appeal except the extent or legality of the sentence
- No appeal against acquittal except by , or with the written sanction of the Public Prosecutor

29
Q

HC Revisionary or Supervisory Jurisdiction

A
  • Power to revise criminal proceedings in subordinate courts
  • Power to call for and examine record of any civil proceedings
  • Supervisory jurisdiction over all subordinate courts
  • Conduct a judicial review; review decisions of other judicial and quasi-judicial bodies
30
Q

Court of Appeal

A
  • Created in 1994
  • Consists of the President of the Court of Appeal
    and, until the YDPA otherwise orders, of 10 other judges
  • Every proceeding in the Court of Appeal shall be
    heard and disposed of by 3 Judges or such greater
    uneven number of Judges as the President may
    determine
31
Q

Jurisdiction of CA

A

Appellate only

32
Q

CA Appellate Jurisdiction (Civil)

A
  • Can hear and determine appeals from any judgment of HC (specified explicitly under Article 121 (1B) of FC)
  • An appeal to CA involves rehearing the case, in which CA has all the powers and duties of HC.
  • May order a new trial; or reverse or vary the decision of HC
  • Has the power to order a new trial when it is of the opinion that some
    substantial wrong or miscarriage of justice has occurred
33
Q

Civil appeals that cannot be brought to CA

A
  • Subject matter is below 250K (except with the leave of CA)
  • Judgment is made by consent of the parties
  • Judgment relates to cost only (except with the leave of CA)
  • Judgement of HC is expressly declared to be final
34
Q

CA Appellate Jurisdiction (Criminal)

A
  • May hear criminal appeal against the HC’s
    decision – whether decided by the High Court in its
    original or appellate/revisionary jurisdiction
  • Appeal may be a question of law or fact or both

Has the power to:
- Summarily dismiss appeal
- Confirm, reverse or vary decision of trial court
- Order retrial
- Make other such order that may seem just
- Quash sentence passed by trial court

35
Q

Federal Court

A
  • Apex court or the final court of appeal in Malaysia
  • Consists of the Chief Justice of FC, the
    President of CA, 2 Chief Judges of HCs, and (until the YDPA otherwise orders) 4 other judges, and such additional judges as may be appointed pursuant to Art 122 (1) of the FC
  • Every proceeding shall be heard and disposed of by 3 Judges or such greater uneven number
    of Judges as the Chief Justice may determine in any particular case
36
Q

Jurisdiction of FC

A
  • Original
  • Appellate
  • Referral
  • Advisory
37
Q

FC Original Jurisdiction

A
  • Original jurisdiction means the power to hear a case for the first time

FC has an exclusive original jurisdiction to determine :
- determine the validity of any law made by Parliament or the legislature or any states
- hear disputes on any other issues between the states or between the state and the Federal government

38
Q

FC Appellate Jurisdiction (Civil)

A
  • Appeal can be made from CA to FC with leave of the FC
  • Has the power to order a new trial.
  • A new trial cannot be ordered on the reason of improper admission or rejection of evidence unless the FC is of the opinion that a failure of justice has been caused by such impropriety
39
Q

FC Appellate Jurisdiction (Criminal)

A
  • Can hear and determine any appeal from any decision of CA concerning any criminal matter decided by the HC in its original jurisdiction
  • May dismiss the appeal, or confirm/reverse/vary the CA’s decision, or order a retrial/remit the matter with its opinion to the HC
40
Q

FC Referral Jurisdiction

A
  • Resolve questions from other courts regarding the interpretation or impact of any provision of the Federal Constitution.
  • Once the Federal Court makes a decision, it sends the case back to the trial court to be resolved according to its ruling.
41
Q

FC Advisory Jurisdiction

A

YDPA may refer to the FC for its opinion on any question concerning the effect of any provision in the Federal Constitution

FAG 1009 the finale (15 decks)

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