FACULTY OF BUSINESS MANAGEMENT

MARA UNIVERSITY OF TECHNOLOGY (UiTM)

CAMPUS MACHANG, KELANTAN

DEGREE IN BUSINESS ADMINISTRATION (HONS) FINANCE (BA242)

BUSINESS LAW
LAW416

ASSESSMENT 3
THE COURT SYSTEM IN MALAYSIA

PREPARED FOR:
ENCIK MOHD RIZAL BIN MOHD ABDAN

PREPARED BY:
NAME ID NUMBER
FAREED AIZAT BIN MOHD SADRI 2021107157

DATE OF SUBMISSION:
WEEK 8
 Every country in this world have their own laws managed by the government and if the
someone break the laws, they will be judge in the court. Courts have many stages and its also
have its own system used according to which country it being conducted. Malaysia’s Court
System consists of five level of case handled in each court.
The first level of Malaysia’s Court System is Magistrates Court which divided into two
classes – First Class Magistrate & Second-Class Magistrate. For the First-Class Magistrate,
there will be two type of cases being held which is first in Civil Jurisdiction when the First-
Class Magistrate may hear a civil case when the amount in dispute does not exceed RM100,000.
Next is Criminal Jurisdiction which the First-Class Magistrate may hear criminal matters of
nature where the offence is punishable by fine only, for example traffic offences, or where the
offence provides for a term of imprisonment not exceeding 10 years. However, First Class
Magistrate cannot impose a term of imprisonment exceeding five (5) years, a fine exceeding
RM10,000, whipping exceeding twelve strokes or any sentence combining any of the sentences
above.
On the other hand, Second Class Magistrate may hear a civil case where the plaintiff
seeks to recover a debt or liquidated demand in money payable by the defendant, with or
without interest, not exceeding RM10,000. For this class, it may hear criminal matters of nature
where the offence is punishable by a fine only or where the offence provides for a term of
imprisonment not exceeding twelve (12) months. For Second Class Magistrate may pass a
sentence a term of imprisonment not exceeding six (6) months, a fine not exceeding RM1,000
or any sentence combining any of the sentences above.
The second level of Malaysia’s Court System is Sessions Court. For this level, it also
held two type of cases which is first Civil Jurisdiction when a Sessions Court may hear any
civil matter involving motor vehicle accidents, disputes between landlord and tenant, and
distress actions. The Sessions Court may also hear other matters where the amount in dispute
does not exceed RM1,000,000. The second type is Criminal Jurisdiction when a Sessions Court
has jurisdiction to try all criminal offences except those punishable by death.
The third level of Malaysia’s Court System is High Court which held three type of cases.
First, Civil Jurisdiction which the High Court has jurisdiction to try all civil matters but
generally confines itself to matters on which the Magistrates and Sessions Courts have no
jurisdiction. These include matters relating 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 where the
amount in dispute exceeds RM1,000,000. Second, Criminal Jurisdiction where the High Court
may hear all matters but generally confines itself to offences on which the Magistrates and
Sessions Courts have no jurisdiction, for instance, offences which carry the death penalty and
third is Appellate Jurisdiction when the High Court may hear appeals from the Magistrates and
Sessions Courts in both civil and criminal matters. Amount in dispute in any civil matters must
exceed RM10,000 except where it involves a question of law.
For the fourth and fifth Malaysia’s Court System level which is Court of Appeal
mostly hears appeal from the High Court relating to both civil and criminal matters and for
Federal Court hears appeals from the Court of Appeal. These two levels are considered as the
highest court level that held big cases. Therefore, these are the Malaysia’s Court System that
being used by the laws until nowadays.