Chapter 1- Malaysian Legal System (Part 2) PDF

LAW277 CHAPTER 1- MALAYSIAN LEGAL SYSTEM (PART 2) PREPARED BY NOORSALIZA AMIN NUDIN JUDICIAL SYSTEM IN MALAYSIA Hierarchy of courts in Malaysia  JUDICIAL SYSTEM IN MALAYSIA FEDERAL COURT Jurisdiction of Federal Court i) Original Jurisdiction (civil and criminal) - Determine the validity...

LAW277 CHAPTER 1- MALAYSIAN LEGAL SYSTEM (PART 2) PREPARED BY NOORSALIZA AMIN NUDIN JUDICIAL SYSTEM IN MALAYSIA Hierarchy of courts in Malaysia  JUDICIAL SYSTEM IN MALAYSIA FEDERAL COURT Jurisdiction of Federal Court i) Original Jurisdiction (civil and criminal) - Determine the validity of law made by Parliament/State Legislative Assembly - Decide disputes between States or States and the Federal Govt. ii) Appellate Jurisdiction (civil and criminal) The jurisdiction to hear and determine any appeal from any decision of the Court of Appeal relating to any criminal or civil matter decided by the High Court in the exercise of its original jurisdiction.  JUDICIAL SYSTEM IN MALAYSIA FEDERAL COURT Jurisdiction of Federal Court iii) Advisory jurisdiction - YDPA may refer to the Federal Court for its opinion any question as to the effect of any provision of the Federal Constitution iv) Referral jurisdiction - Determine constitutional provision from another courts.  JUDICIAL SYSTEM IN MALAYSIA COURT OF APPEAL Jurisdiction of Court of Appeal i) Appellate jurisdiction - Civil Jurisdiction Determine appeals from decisions of a High Court. The subject matter of the claim is or more than RM 250 000, if less than RM250,000 - Criminal Jurisdiction Determine appeals from decisions of a High Court. In any criminal matter, the court of appeal hears appeal cases from the High Court’s original jurisdiction and also appeal from the High Court’s appellate or revisionary jurisdiction in any matter decided by the Sessions Court  JUDICIAL SYSTEM IN MALAYSIA HIGH COURT Jurisdiction of High Court i) Original jurisdiction - Criminal jurisdiction The High Court may pass any sentence allowed by law. Normally, only criminal cases of a serious nature are tried in the High Court. - Civil jurisdiction The High Court has unlimited jurisdiction and the High Court only hear claim with amount over RM1 Million. Section 24 of the Courts of Judicature Act 1964.  JUDICIAL SYSTEM IN MALAYSIA HIGH COURT Jurisdiction of High Court ii) Appellate jurisdiction - Civil Jurisdiction Hearing of appeals from the Subordinate Courts. In any civil matter where the value of subject matter is more than RM 10K. - Criminal Jurisdiction The power to hear appeals from the Subordinate Courts according to any law for the time being in force within the territorial jurisdiction of the High Court.  JUDICIAL SYSTEM IN MALAYSIA HIGH COURT Jurisdiction of High Court iii) Revisionary jurisdiction - Civil Jurisdiction Exercise its revisionary powers with respect to criminal proceedings in the Subordinate Courts. iv) Supervisory Jurisdiction - Examine record of civil or criminal proceedings transmitted to it by the Subordinate Courts v) Judicial Review Review decisions made by administrators or admin adjudicating bodies example tribunal.  JUDICIAL SYSTEM IN MALAYSIA THE SESSION COURTS Jurisdiction of Session Courts i) Original Jurisdiction - Criminal jurisdiction Has jurisdiction to try all criminal offences except those punishable by death. - Civil jurisdiction (a) unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress; (b) jurisdiction to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed RM 1 Million; and c) jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts  JUDICIAL SYSTEM IN MALAYSIA THE SESSION COURTS Jurisdiction of Session Courts ii) Supervisory Jurisdiction The Session Courts has limited supervisory role over the Magistrates Court. May call & examine record of any civil proceedings before the Magistrates Court.  JUDICIAL SYSTEM IN MALAYSIA MAGISTRATES COURTS JURISDICTION FIRST CLASS MAGISTRATE I) Original Jurisdiction - Criminal jurisdiction The offense is punishable by a fine only, this would cover the majority of traffic offenses and where the offense provides for a term of imprisonment not exceeding 10 years - Civil jurisdiction According to Section 90 of SCA , may hear a civil case when the amount in dispute does not exceed RM 100,000.00. 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.  JUDICIAL SYSTEM IN MALAYSIA MAGISTRATES COURTS JURISDICTION SECOND CLASS MAGISTRATE I) Original Jurisdiction - Criminal jurisdiction The offense is punishable by a fine only, this would cover the majority of traffic offenses and where the offense provides for a term of imprisonment not exceeding 10 years - Civil jurisdiction According to Section 90 of SCA , may hear a civil case when the amount in dispute does not exceed RM 100,000.00. 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.  JUDICIAL SYSTEM IN MALAYSIA MAGISTRATES COURTS JURISDICTION SECOND CLASS MAGISTRATE I) ORIGINAL JUSRISDICTION - Criminal jurisdiction Where the offense is punishable by a maximum penalty of 12 months imprisonment or fine only. - Civil jurisdiction Jurisdiction to try original actions or suits of a civil nature where the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, not exceeding RM 10, 000. (Section 92 of SCA) TRIBUNAL FOR CONSUMER CLAIMS The term ‘consumer’ means a person who : a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services. The term ‘services’ includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract JUDICIAL SYSTEM IN MALAYSIA Jurisdiction of Consumer Claims Tribunal A consumer can lodge a claim with the Tribunal claiming for any loss suffered on any matter concerning his interests as a consumer: a) A false or misleading conduct, false representation or unfair practice b) Safety of goods and services c) The right against a supplier in connection with any of the guarantees implied JUDICIAL SYSTEM IN MALAYSIA Jurisdiction of Consumer Claims Tribunal d) The right against a supplier in connection with any guarantee implied by the Act e) The right against a manufacturer in connection with any express guarantee on supply of goods f) The right against a manufacturer in connection with any guarantee implied by the Act JUDICIAL SYSTEM IN MALAYSIA Jurisdiction of Consumer Claims Tribunal d) Limitation of Jurisdiction The Tribunal shall have no jurisdiction in respect of any claim :- - arising from personal injury or death; - for the recovery of land, or any estate or interest in land; - in which the title to any land, or any estate or interest in land, or any franchise  JUDICIAL SYSTEM IN MALAYSIA Hearing procedure ∙ Upon a claim being lodged the Tribunal will issue a notice of hearing in Form 4 ∙ No party shall be represented by an advocate or solicitor ∙ Every party to a hearing shall be entitled to adduce evidence, call any witness or produce any document, record or thing in support of its case.  JUDICIAL SYSTEM IN MALAYSIA Awards of Tribunal At a hearing the Tribunal may make any one or more of the following awards - a) that a party to the proceedings pays money to any other party; b) that goods be supplied or re-supplied; c) that goods supplied or re-supplied to the consumer be replaced or repaired; d) that the price or other consideration paid or supplied by the consumer or any other person be refunded to the consumer or that person  JUDICIAL SYSTEM IN MALAYSIA Enforcement of Award - Award made by the Tribunal shall be final and binding on all parties to the proceedings. - Every award made by the Tribunal shall be deemed to be an order of a Magistrate's Court.  JUDICIAL SYSTEM IN MALAYSIA Criminal Penalty for Failure to Comply Any person who after fourteen days fails to comply with an award made by the Tribunal commits an offence and shall on conviction a) be liable to a fine not exceeding five thousand ringgit (RM 5,000.00) or to imprisonment for a term not exceeding two years or both; b) in the case of a continuing offence, liable to a fine not exceeding one thousand ringgit (RM 1,000.00) for each day or part of a day during which the offence continues after conviction.