THE JUDICIAL SYSTEM

Introduction to Legal System

 INTRODUCTION
• The role of the courts is more concerned
with the administration of the law.
• The courts have criminal and civil
jurisdiction.
• Jurisdiction refers to the cases that a court
can hear, and is established by statute.
• Courts that are higher in the hierarchy of
courts will hear and decide on the more
serious cases.
Federal Constitution and the judiciary
• The Federal Constitution provides that power
is exercised by the legislative, the executive
and the judiciary.

• The judiciary has the power to hear and

determine civil and criminal matters.

• The judiciary also interpret the Federal and

State Constitutions.
 JUDICIAL POWER
• The judicial power of Malaysia is vested in the
Federal Court, the Court of Appeal, the High
Courts and the Subordinate Courts.

• The head of the judiciary is the Chief Justice of

Malaysia.
 SUBORDINATE COURTS IN
PENINSULAR MALAYSIA

• The subordinate courts in Peninsular

Malaysia consists of:-
1) the Magistrates’ Courts; and
2) the Sessions Courts.
 MAGISTRATES’ COURTS
• The Magistrates’ Court deals with minor civil
and criminal cases.
• Hear all civil matters of which the claim does
not exceed RM100,000.
• The court is presided over by a magistrate -
divided into:-
1.First Class – having greater powers.
2.Second Class.
 FIRST CLASS MAGISTRATES’ COURTS
Criminal cases
•Jurisdiction: to try all offences for which –
⮚the maximum term of punishment not exceed -10
years’ imprisonment, OR
⮚-all offences punishable with fine only.
Civil cases
•The amount of dispute does not exceed
RM100,000-00;
•recovery of rent- not more RM2,000 per month.
•Damages- the money claimed/does not exceed
RM25,000-00 .
SECOND CLASS MAGISTRATES’ COURT
• Criminal cases
- jurisdiction to try offences for which the
maximum term of imprisonment does not
exceed 12 months’ imprisonment; OR
- offences punishable by a fine only.
• Civil cases
• The plaintiff seeks to recover debt not
exceeding RM10,000-00.
 Sessions Courts
• The highest of the subordinate courts.
• Each Sessions Court shall be presided over by
a Sessions Court Judge appointed by Yang di
Pertuan Agong.
• Criminal jurisdiction – all offences OTHER
THAN punishable by the death sentence.
• Civil unlimited – accidents, landlord & tenant.
• Subject matter not exceed RM1,000,000-00
 SUPERIOR COURTS
• The superior courts comprises of:-
1 the High Court of Malaya;
2 The High Court in Sabah & Sarawak;
3 The Court of Appeal; and
4 The Federal Court .
 The High Court
• Have general supervisory and revisionary
jurisdiction over all the Subordinate Courts.
• Hear appeals from the Subordinate Courts in
civil and criminal matters.
• Have original jurisdiction in criminal cases
punishable by death.
 The High Court (con’t)
• Hear matters relating to:-
- Validity or dissolution of marriage (divorce);
- Bankruptcy and companies winding up;
- Guardianship and custody of children;
- Probates of wills and letter of administration of
deceased persons;
- Legitimacy of persons;
- General – claim exceeds RM250,000-00;
- All criminal matters.
 Jurisdiction of High Court
• Has jurisdiction to try all civil proceedings where:-

1. The cause of action arose within Malaysia;

2. The defendant(s) resides/ has his place of
business within Malaysia;
3. The facts on which the proceedings are exist or
are alleged to have occurred within Malaysia;
4. Any land/ownership of which is disputed is
situated within Malaysia.
 Division of High Court
• The High Court in Kuala Lumpur is reorganised
into the following divisions:-
1.Commercial Division
2.Appellate and Special Powers Division
3.Civil Division
4.Criminal Division
 The Court of Appeal (COA)
• Hear all civil and criminal appeals against
decisions of the High Courts.
• Heard by three (3) judges.
• Where an appeal has been heard by the COA,
COA has no power to review the case.
 The Federal Court
• All civil appeals from the COA are heard by the
Federal Court only after leave is granted by
the Federal Court.
• The highest judicial authority in the Malaysia.
• Its decision binds all the courts below.
• The Federal Court is heard by the Chief Justice.