Hierarchy Of Courts In Malaysia

The jurisdiction of the courts in civil or criminal matters are contained in the subordinate courts act 1948 and the courts of judicature act 1964.

Hierarchy of courts in malaysia. Members chief justice the president of the court of appeal chief judge of malaya chief judge of sabah and sarawak and six federal court judges. The high courts in malaysia are the third highest courts in the hierarchy of courts and there are two chief judges in the high court. The first is in peninsular malaysia which contains forty five judges and judicial commissioners. Decisions bind all the courts below.

Judicial precedent is a system where a judge of a court makes a decision and the court at the same level as it or the courts below it in the hierarchy of the malaysian judicial system are bound to follow the decision make by it if the illegal point facts and situation in. The hierarchy of courts begins from the magistrates court sessions court high court court of appeal and finally the federal court. The judiciary of malaysia is largely centralized despite malaysia s federal constitution heavily influenced by the british common law and to a lesser extent islamic law and is mostly independent from political interference. It involves two parties plaintiff and defendant in.

There are generally two types of trials criminal and civil. These are those courts in malaysia which are somewhat similar to the former quarter sessions in england. The subordinate courts in malaysian legal system hierarchy the subordinate courts comprises the sessions courts the penghulu s courts in western part of malaysia and the magistrates court. The malaysian court system is organized in a hierarchy like a pyramid with the subordinate courts at the base and the superior courts at the top of the hierarchy.

The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia. The magistrates courts as well as the sessions courts in malaysia have jurisdiction in both civil and criminal matters. The magistrates court the court for children and the sessions court are subordinate courts. The second is in sabah and sarawak which has eleven judges and judicial commissioners.

Hears civil and criminal appeals from the court of appeal. Penghulu s court the penghulu s courts hear civil issues in which the claim is below rm50 00 and where the offenders are of asian race and speaks and understands the malay language. Power exercised by the state through judiciary to enforce rights and punish wrongs. The federal court of malaysia in the highest court of the land.

The high court court of appeal and the federal court are superior courts while the magistrates court the court for children and the sessions court are subordinate courts. Hierarchy of courts 2. Highest court in malaysia and the final court of appeal. The following is the hierarchy of subordinate courts.