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    The Differences ISB568 3

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    ‘Alya Qistina Mohd Zaim
    The document summarizes the differences between the jurisdictions of various Malaysian courts: - The Federal Court hears appeals from the Court of Appeal. The Court of Appeal hears appeals from civil and criminal matters in the High Court. - The High Court has jurisdiction over civil matters involving amounts over RM1,000,000 and criminal matters like offenses carrying the death penalty. It also hears appeals from lower courts. - Sessions Courts hear some civil matters and criminal offenses except those punishable by death. Magistrates Courts are divided into first and second class, with lower financial limits and jail terms for the second class.

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    The Differences ISB568 3

    Uploaded by

    ‘Alya Qistina Mohd Zaim
    13 views3 pages
    The document summarizes the differences between the jurisdictions of various Malaysian courts: - The Federal Court hears appeals from the Court of Appeal. The Court of Appeal hears appeals from civil and criminal matters in the High Court. - The High Court has jurisdiction over civil matters involving amounts over RM1,000,000 and criminal matters like offenses carrying the death penalty. It also hears appeals from lower courts. - Sessions Courts hear some civil matters and criminal offenses except those punishable by death. Magistrates Courts are divided into first and second class, with lower financial limits and jail terms for the second class.

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    The document summarizes the differences between the jurisdictions of various Malaysian courts: - The Federal Court hears appeals from the Court of Appeal. The Court of Appeal hears appeals from civil and criminal matters in the High Court. - The High Court has jurisdiction over civil matters involving amounts over RM1,000,000 and criminal matters like offenses carrying the death penalty. It also hears appeals from lower courts. - Sessions Courts hear some civil matters and criminal offenses except those punishable by death. Magistrates Courts are divided into first and second class, with lower financial limits and jail terms for the second class.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    13 views3 pages

    The Differences ISB568 3

    Uploaded by

    ‘Alya Qistina Mohd Zaim
    The document summarizes the differences between the jurisdictions of various Malaysian courts: - The Federal Court hears appeals from the Court of Appeal. The Court of Appeal hears appeals from civil and criminal matters in the High Court. - The High Court has jurisdiction over civil matters involving amounts over RM1,000,000 and criminal matters like offenses carrying the death penalty. It also hears appeals from lower courts. - Sessions Courts hear some civil matters and criminal offenses except those punishable by death. Magistrates Courts are divided into first and second class, with lower financial limits and jail terms for the second class.

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    of 3

    PREPARED BY:

    MASTURA BINTI MUSTARI


    2021834196
    AHMAD FARIS ATIFF BIN AZIZ
    2021498122
    NUR ‘ALYA QISTINA BINTI MOHD ZAIM
    2021627214
    NOR ANIS AFIQAH BINTI HAIZUL RASDY
    2021480626

    THE DIFFERENCES:

    Federal Court
    The Federal Court hears appeals from the Court of
    Appeal

    Court of Appeal The Court of Appeal hears appeals from the High Court
    relating to both civil and criminal matters

    High Court 1. Civil Jurisdiction


    ▪ 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.

    2. Criminal Jurisdiction
    ▪ 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.

    3. Appellate Jurisdiction
    ▪ 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.

    Session Court 1. Civil Jurisdiction


    - 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.

    2. Criminal Jurisdiction
    - A Sessions Court has jurisdiction to try all criminal
    offences EXCEPT those punishable by death.

    Magistrates Court’s Jurisdiction 1. First Class Magistrate


    a) Civil Jurisdiction
    - A First Class Magistrate may hear a civil case when
    the amount in dispute does not exceed RM100,000.

    b) Criminal Jurisdiction
    - A first class Magistrate may hear criminal matters of
    the following nature:
    - where the offence is punishable by a fine only – this
    would cover the majority of traffic offences; or
    - where the offence provides for a term of imprisonment
    not exceeding ten (10) years.

    A First Class Magistrate may not, however, 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.

    2 Second Class Magistrate


    a) Civil Jurisdiction
    - A 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. Where the
    amount claimed does not exceed RM5,000 you may
    wish to file your claim in the small claims division of the
    Magistrates Court. If you do so however, you must be
    prepared to conduct the case yourself, as legal
    representation is not permitted.

    b) Criminal Jurisdiction
    - A Second Magistrate may hear criminal matters of the
    following 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.

    A 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.

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