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ACCA F4 - Malaysian Legal System (Self-made notes)

ACCA F4 - Malaysian Legal System (Self-made notes)

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Published by: kathros on Oct 25, 2012
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06/09/2014

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At the apex of the court system is the Federal Court headed by the Chief Justice. Below theFC is the Court of Appeal which is headed by the president of the Court of Appeal. Belowthe COA are the 2 High Courts with o-ordinate jurisdiction. They are comprised of the HighCourt of Malaya (for WM) and High Court of Sabah Sarawak (for EM). The head of the bothHigh Court is the Chief Judge. Below the High Courts are the Subordinate Courts, thehighest which is Sessions Courts each of which is headed by a Sessions Court Judge. This isfollowed by the Magistrates' Courts. Parallel to it is the Juvenile Court. Both former andlatter are presided by a Magistrate respectively. In the WM , there a the Penghulu's Courtunder the MC. They are headed by a Pengulu or the village's headman. In practice, thesecourts hardly function.There are also the Syariah Courts and the Native Courts. These courts operate only at theState level. The NC only exists in WM and they deal with native rights. SC on the other handdeal with matters pertaining to Islamic Law in the respective states.
Overview of the above: ***Subordinate courts * < = up to (not less than)
Penghulu's Courta.Magistrates' Courtb.Sessions Courtc.
Penghulu's CourtA.
Lowest level of the hierarchy1.Presided by a Penghulu / Village Headman2.Appointed by State Govt3.Preceedings are informal4.Deals with local disputes ; <$50 in value5. 
Subordinate courtsHigh Courts
Chief JusticePresidentChief JudgeChief JudgeSession Court JudgeMagistrate
***-examined before
The Court Structure
Saturday, 13 October, 20121:42 AM
Malaysian Legal System Page 1
 
In criminal case, impose fine <$25 ; must inform the criminal's right to elect to be tried underthe jurisdiction of a Magistrates' Court before the commencement of the trial6.Appeal against the decision made in this court lies in a First Class Magistrate7.
The Magistrates' CourtB.
There are 2 classes of magistrates' court, viz the first class MC and the second class MC bothpresided by magistrate respectively.1.2nd class MCa.The magistrate not required to be qualified in law.
Usually a public servant and minor court officers
Grants bail and mentioning cases
Able to try criminal cases ; max punishment <12months imprisonment; or fine <$1000 or acombination of both
Civil cases -jurisdiction to recover a debt / liquidated demand of <$3000
1st class MCb.Has to be a member of the Judicial and Legal Service
Able to try all offences, punishable with a fine and imprisonment <10 yrs
Able to pass sentences <5yrs imprisonment; fine <$10,000, whipping <12strokes
Civil cases : able to try cases where the value of the subject matter < $25,000
Has the jurisdiction to conduct preliminary enquiries and hold coroners inquest
Sessions CourtC.
Highest jurisdiction of the Subordinate Courts.1.Presided by SC judge , appointed by the YDPA on the recommendation of Chief Judge2.Able to try all criminal offences other than those punishable with death3.May pass any sentence allowed by the law, other than death sentence4.Able to try all suits of civil matter in respect of mvaccidents, landlord and tenant, and distress5.Able to try civil cases tht >$25k, but < $250k6.Specific performancea.Injunctionsb.Rectification / cancellation of instrumentsc.Matters involving immovable propertyd.Does not have jurisdiction for the following matters:-7.
High Court
High court of Malayaa.High court of Sabah and Sarawakb.2 types of High court1.Presided by chief justice2.Consist of diff division3.Originala.Appellateb.Supervisoryc.Revisionaryd.Jurisdiction :4.Unlimited criminal and civil powersi.Most cases, hear cases which cannot be determined by Subordinate Courtsii.Deals cases with drug trafficking and unlawful possession of firearms, ammunition andexplosivesiii.In practice, it tries mostly disputes in amount > $250,000iv.Also deals with matrimonial and divorce causes, bankruptcy, appointment of guardians andproperty of infants,v.Grant, alter or revoke Probate of Wills, Letters of Administration of the Estates of DeceasedPersonsvi.Original JurisdictionA.
Malaysian Legal System Page 2
 
Hear civil and criminal APPEALS from the subordinate courts (re-hearing)i.Normaly of subject matter >$250,000, UNLESS cases on a question of law.ii.Appellate JurisdictionB.To conduct and review the decisions of Subordinate Courts.i.Supervisory JurisdictionC.In the exercise of its revisionary jurisdiction, if it appears desirable in the interest of justice,may call for the records of any proceding in the Subordinate Courts (civil or criminal cases)at any stage of such proceedingi.Revisionary JurisdictionD.If amount or value of subject matter < 250K, leave of the Court of Appeal must first beobtained.a.Where the judgment of the original trial was made by consent of the parties;1)Where the judgment relates only to cost2)Where the law stipulates the decision of the HC shall be final3)No appeal may be made :b.If the appeal to the COA is on civil matters; subject to restriction :i.The matter in dispute in the appeal amounts to or is the value of >250Ka.The appeal involves directly /indirectly a claim to or in respect of property/civil right of the same amount/valueb.From any decisions as to effect any provision of the constitution (including the validityof any written law relating to such provisionc.If further appeal to the FC is on civil matters; it is to be made with the permission of the FCas follows:-ii.Appeals from the High Court -An appeal can be made to the Court of Appeal and then to theFederal Court5.
The Court of Appeal
Act as an appeal chamber1.Proceedings are usually heard by and disposed by 3 judges. Number of judges may vary as thePresident see fits. However the number of judges is always uneven2.Judge of HC may sit as a judge of the COA if the President considers it necessary in the interestof justice after consulting the Chief Judge3.Any decisions made by the HC in the exercise of its original jurisdictioni.A decision of the HC in the exercise of it appellate jurisdiction in respect of a criminalmatter originally decided by the SCii.COA hears and determine any appeal against :-4.Appeal is not allowed if the subject matter is less than 250k, except with the leave of COAi.If the judgment of the HC was made by the consent of both partiesii.Judgment relates to cost onlyiii.If it was expressed the written law is finaliv.Some exceptions of when Appeal can be made :5.
The Federal Court
Appellatea.Originalb.Referralc.Advisoryd.Jurisdiction:1.FC will hear civil and criminal appeals from decisions of HCi.Consist 90-95% of the Court's workii.Criminal cases appeal may be made by the Public Prosecutor against acquittal.iii.AppellateA.
acquittal -formally certifies the accused isfree from the charge of an offense,
Malaysian Legal System Page 3

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