Federal Court

The Federal Court is Malaysia's highest court of appeal, having been established under
Article 121(2) of the Federal Constitution. It is made up of the Chief Justice, the President of
the Court of Appeal, the Chief Judges of the two High Courts, and other judges chosen in
accordance with Federal Constitution Article 122 clause (1A). If it is thought necessary for
justice, a judge from the Court of Appeal may also sit in the Federal Court. Three or more
judges hear cases in the Federal Court, and final appeals are usually considered by the entire
bench of five justices, or occasionally seven. The judges majority opinion is the basis for
decisions.

When a court or judge has jurisdiction, it means that they have the right to hear a matter,
provide a decision, or issue an order. The jurisdiction of the Federal Court consists of
original, appellate, referral, and advisory functions.

To do original jurisdiction, a case must be heard for the first time. In addition to having
exclusive jurisdiction to decide whether legislation passed by state legislatures or by
Parliament are valid, the Federal Court also has the power to resolve disputes between states
or between the Federation and a State, however it can only issue declaratory judgements in
these cases. The Federal Court shares this jurisdiction with the High Court. Furthermore,
where required, the Federal Court may exercise consultative authority.

Appellate jurisdiction is the majority of the work done by the Federal Court consists of
hearing and ruling on criminal and civil appeals.

With permission from the Federal Court, appeals from the Court of Appeal may be made to
the latter. This is applicable to Court of Appeal rulings or decisions pertaining to High Court-
decided civil cases. Decisions pertaining to the Federal Constitution are also included. If the
Federal Court determines that wrongful admission or rejection of evidence resulted in a
failure of justice, it may order a new trial.

When the high court makes the initial decision in a criminal case, the Federal Court has the
authority to hear appeals from Court of Appeal rulings. This covers appeals based on factual,
legal, or combined factual and legal issues.

Referred to as "special cases," the Federal Court has the authority to resolve disputes arising
in other courts about the meaning or application of provisions of the Federal Constitution.
Following a ruling, the matter is returned to the trial court for consideration in accordance
with the Federal Court's decision.

The Yang di-Pertuan Agong may, in accordance with Article 130, ask the Federal Court to
rule on matters pertaining to the application of certain articles of the Federal Constitution. In
open court, the Federal Court expresses its position through a declarative judgement. In
common law nations, the executive branch rarely has the authority to ask the courts for
advice. It is only used in dire situations.

Court of appeal

The Supreme Court, which is made up of the High Court and the Court of Appeal, was
founded in accordance with the Federation of Malaya Agreement 1948. In 1963, the Federal
Court and the High Court took the place of the Supreme Court. The Court of Appeal was
founded on June 24, 1994, in accordance with the Court of Appeal Act of 1994. The two-tier
appeals process in our legal institution has been reinstated by the establishment. Ten
additional Court of Appeal Judges and the President of the Court of Appeal, who served as
the court's chairman, made up the Court of Appeal at first. A member of the Federal Court
also serves as the President of the Court of Appeal.

The Federal Constitution's Article 122A states that the Court of Appeal may have a maximum
of 32 judges.

The Federal Constitution's Article 121 (1B) grants the Court of Appeal the authority to decide
appeals from the High Court's rulings in civil and criminal cases, as well as any other
authority granted by or under federal legislation.

High court

Following the Federal Court and the Court of Appeal, the High Court of Malaysia is the third-
highest court in the legal system. The Federal Constitution's Article 121(1) establishes it.
Malaysia has two High Courts with co-ordinate jurisdiction, the High Court of West Malaysia
and the High Court of Sabah and Sarawak. Both courts are presided over by a Chief Judge.
The High Court handles cases that fall outside the purview of the Sessions Court (SC) and
Magistrate. Courts of Judicature Act 1964, Sections 22, 23, and 24, establish the criminal and
civil jurisdiction of the High Court.
The civil jurisdiction encompasses subjects such as matrimonial and divorce proceedings,
guardianship of minors, probate of wills and testaments, letters of administration of deceased
individuals' estates, bankruptcy, and other civil claims exceeding RM1 million. In contrast,
the High Court concentrates on criminal matters involving offences that fall outside the view
of magistrates and the SC, such as those involving the death penalty. The High Court
considers appeals from the SC and Magistrates in both civil and criminal cases. The sum
needs to exceed RM10,000 unless there is a legal dispute.

Sessions court

Session Courts serve two purposes in the administration of justice, making them a crucial part
of Malaysia's legal system. There are two categories for them: criminal and civil jurisdiction.
Session Courts deal with a variety of civil cases, such as disagreements, specific contract
performance, and more. They handle all criminal offences, with the exception of those that
carry a death sentence. Due to their ability to efficiently settle a broad variety of legal
problems, Session Courts play a vital role in Malaysia's legal system.

Malaysian session courts are able to handle a broad variety of matters because of their
extensive civil jurisdiction. They have unlimited jurisdiction over civil cases such as distress
lawsuits, auto accidents, and landlord-tenant disputes. Furthermore, if the disagreement is for
less than RM1 million, Session Courts have the authority to handle civil cases. In addition,
even in cases when other forms of relief or remedies are desired, they are empowered to
handle individual contract performance or rescission, instrument cancellation or rectification,
and to issue declarations and injunctions in civil disputes. Session Courts will undoubtedly
play a significant role in settling a variety of civil disputes across the nation thanks to its
breadth of civil jurisdiction.

Malaysian session courts have broad authority over all criminal cases, with the exception of
capital cases. This expanded jurisdiction was created by the Subordinate Courts Act 2010,
ensuring that Session Courts are capable of handling a variety of less serious criminal
offences. This development enhances the effectiveness of the legal system by enabling
Session Courts to effectively handle less serious criminal cases, reducing the backlog of
higher courts and guaranteeing prompt and accessible justice.

For original jurisdiction, civil covers a range of issues, such as car accidents, landlord-tenant
conflicts, and hardship situations, provided that the disputed sum or value is less than
RM250,000 (unless all parties agree differently in writing). The Sessions Court may
nonetheless proceed with a defence if it raises issues outside of its purview, but it may not
grant relief beyond that purview.

Criminal handles all crimes with the exception of those carrying the death penalty and is
empowered to impose penalties that fall under the confines of the law. Sessions Court does
not have jurisdiction over some types of cases, including those involving real estate,
particular performance or cancellation of contracts, injunctions and others.

The Sessions Court has some supervisory authority over the Courts of Magistrates and
Penghulu. A Sessions Court judge may examine the record and, if necessary, transmit it with
comments to the High Court, which has the authority to issue orders to ensure justice, if they
feel that a judgement made by these courts is unlawful or wrong or if the processes are
irregular. Please be aware that, among other specialised concerns, the Sessions Court does not
hear cases pertaining to the legality or dissolution of marriages.

Magistrate court

Generally speaking, the Magistrates' Courts have the authority to try any criminal case where
the maximum sentence of imprisonment is not more than ten years, or where the punishment
is only a fine. They can also impose sentences of up to five years in jail, a fine of up to
RM10,000, or up to twelve whippings.

Magistrates are divided into two classes: First-class and Second-class magistrates. Under
Subordinate Courts Act 1948, all civil lawsuits and processes involving a value or amount in
dispute of less than RM100,000 shall be tried by a First-Class Magistrate Court.

The Second-Class Magistrate court's civil jurisdiction is limited by Section 92 of the SCA to
situations in which the plaintiff is attempting to collect a debt or subject matter valued at no
more than RM10,000.00.

A First-Class Magistrate Court is empowered to handle cases pertaining to any offence for
which the statute stipulates a maximum sentence of ten years in prison or a fine. This
jurisdiction is granted by Section 85 of the SCA. This court may also try cases under Penal
Code Sections 457 (home trespass or housebreaking) and 392 (robbery) according to the
exact provision.
Maximum sentences that a First Class Magistrate Court can impose is 5 years of
imprisonment, a fine of up to RM 10,0000, whipping of 10 strokes and any sentence
combining the sentence mentioned above

A Second-Class Magistrate Court may hear cases when the maximum sentence allowed by
law is no more than twelve (12) years in jail, as well as offences that are only punishable by
fines, in accordance with Section 88 of the SCA. The SCA also grants this court the power to
impose any sentence that does not exceed a maximum of RM1,000.00 in fines or jail time, or
any combination of these two terms.