Chapter 3 : The Judicial system in Malaysia

1. The judiciary in Malaysia has the power to hear and determined civil and criminal
matters.(Yes / No)

2. The judicial power of Malaysia is vested in the Federal Court, Court of Appeal, High
Court and the Federal Constitution (Yes / No).

3. There are 3 types of categories courts in Malaysia, which is Subordinate Courts,

Centre Courts and Superior Courts (Yes / No)

4. Subordinate Courts consist High Courts(Superior) and Sessions Courts. (Yes/No)

5. Subordinate Court is those courts previously established under section 3(2),

Subordinate Courts Act 1948. (Yes/No).

6. Magistrate Courts deal only cases related minor civil cases (Yes/No)

7. Magistrate courts are divided into first class and second class.

8. Under Section 85 of the Subordinate Courts Act 1948 (Revised 1972) amended
by the Subordinate Courts (Amendment) Act 1978, stated that first class
magistrate possesses jurisdiction to try all offences for which term of punishment
provided by law does not exceed ten years’ imprisonment.

9. Give 2 sections under Penal Code Act 574 provided jurisdiction for magistrate
courts?
a. Section 392
b. Section 457

10. Based on your answer to question no 9, write each of the sections for their
punishment provided by Penal Code Act 574.
1. Five years’ imprisonment
2. A fine of ten thousand ringgits.
3. Whipping of up to twelve strokes
4. A combination of any of the above-mentioned

11. A Second-class magistrate has jurisdiction to try offences for which the maximum
term of imprisonment provided by law does not exceed 12 months imprisonment or
offences punishable with a fine only.

12. A second-class magistrate may pass any sentence allowed by law:

– Not exceeding 12 months’ imprisonment

– A fine of not more than one thousand ringgit.

 – Any sentence combining either of the aforesaid sentences.

13. Session Courts are the lower courts in the Subordinate Courts in Malaysia. (Yes/No).
14. Each Sessions Court shall be presided over by a Session Court Judge appointed by
the Prime Minister of Malaysia. (Yes/ No).

15. Section 64 stated about the criminal jurisdiction of session courts in Malaysia.

16. Explain what the criminal jurisdiction of the session court in Peninsular Malaysia is.
Criminal Jurisdiction of Session court under the Section 64 of the Subordinate
Courts Act 1948 [Act 92] that imposes a limit on the powers of a Sessions Judge
by precluding him from imposing the death sentence.

17. Explain what the Civil jurisdiction of the session court in Peninsular Malaysia is.
It has jurisdiction to try all actions and suits of a civil nature where the amount
in dispute or value of the subject-matter does not exceed RM1, 000,000.00 –
Section 65, Subordinate Courts Act 1948.

18. Lists, the types of actions, suit or proceedings, an application has to be made to the
High Court and has no jurisdiction under session court.
• application must be made to the High Court:

1. Most land matters

2. Enforcement of trusts
3. Accounts
4. Declaratory decrees except interpleader proceedings
5. Issue or revocation of grants of representation of the estates of deceased persons
or the administration or distribution of estates
6. Legitimacy
7. Guardianship or custody of infants
8. Validity or dissolution of marriage

19. Lists at least FIVE (5) offences, First Class Magistrate Courts have jurisdiction for
the hearing of the case. (States the section for both offences and punishment.)
 Five years’ imprisonment
 A fine of ten thousand ringgits
 Whipping of up to twelve strokes
 A combination of any of the above-mentioned

20. Lists at least FIVE (5) offences, Session Courts have jurisdiction for the hearing of
case. (States the section for both offences and punishment.)