💗 Malaysian Courts 💗

Question 1

What are the 5 types of jurisdictions?

Answer 1

1. Original Jurisdiction - power of court to hear the case in the first instance
2. Appellate Jurisdiction - power of court to hear and determine appeal cases from lower court
3. Referral Jurisdiction - power of court to interpret/confirm on the application of law of the Federal Constitution
4. Advisory Jurisdiction -
   Article 130 of the FC YDPA may refer to federal court for its opinion regarding any provision in the FC which has arisen or likely to arise
5. Supervisory&Revisionary Jurisdiction - The power of the court to control activity of the lower court/tribunal

Question 2

What is Question of Fact& Question of Law?

Answer 2

(i) QOF - reference to facts and evidence, and inference arising from those facts
(ii) QOL - A question which must be answered by applying relevant legal principles, by an interpretation of the law

Question 3

Federal Court’s Composition?

Answer 3

•Established under Article 121(2) of the FC
• Previously known as the Supreme Court
• Article 122(1) the federal court shakl consists of
- Chief Justice (president of court)
-President Court of Appeal
- 2 Chief Judge of High Court
- 11 other judges and additional judges
• Article 122B (1) - appointment of judges is made by YDPA and the advice of PM after consulting the conference of rulers (MRR)
•Article 123 - Citizen, 10 years of experience as an advocate of any high courts/ members of judicial legal service of Federal/state
•Section 74 of CJA 1964 - Every Proceeding is heard & disposed by 3 judges or greater odd numbers of judges (3,5,7,9,11)

Question 4

what is the Jurisdiction of Federal Court?

Answer 4

1) Original Jurisdiction
2) Appellate
3)Referral
4)Advisory

Question 5

Composition of Court Of Appeal?

Answer 5

•established under Article 121(1B)

• Article 122A
- consists of President Court of Appeal
-YDPA orders 32 other judges

•appointment and qualifications is the same as Article 122B (1) & Article 123

• Section 38 of CJA 1964 : Every proceeding shall be heard and disposed by 3 judges or any greater number of odd judges as the president determine

Question 6

Jurisdiction of Court of Appeal?

Answer 6

•Appellate Jurisdiction over criminal and civil cases

Question 7

Composition of High Court?

Answer 7

• Established under Article 121(1)of the FC
1) High court of Malaya
2) High Court in Sabah And Sarawak

•Article 122AA : Each of the two high courts is headed by a Chief Judge and not less than other 4 judges but not exceeding 60 judges in high court of malaya and not exceeding 13 judges in High court of Sabah & Sarawak
• Section 18(1) of CJA 1964 : Every proceeding in the High court will be heard and disposed of a before single judge.

Question 8

Jurisdiction of High Court

Answer 8

1. Original (criminal&civil)
2. Appellate
   3.Revisionary and Supervisory Jurisdiction

Question 9

Composition of Session Courts?

Answer 9

Established under Section 59 of Subordinate Courts Act
•**Section 59 of Subordinate Courts Act ** : The YDPA may constitute as many as session courts as he may think fit and to assign local limits of jurisdictions

• Section 60 of SCA : No person shall be appointed to be a session courts judge unless he is a member of the judicial and Legal Service of the Federation

Question 10

Jurisdictions of Session Court?

Answer 10

1) Original Jurisdiction
2) Supervisory Jurisdiction

Question 11

Composition of Magistrate Court?

Answer 11

• Established under Section 76 of SCA 1948
• Section 81 of SCA : Seating by one Magistrate and appointed from judicial legal service
• A First Class Magistrate is appointed by the YDPA on the reccomendation of the respective chief judge for federal territories
•familiar to most urban people as it is established in all major towns, it is the most common and its everywhere.

Question 12

jurisdiction of Magistrates Court?

Answer 12

1) First Class Magistrate (criminal&civil)
2) Second Class Magistrate (criminal&civil)