Question

Describe the hierarchy of courts in Malaysia and explain the jurisdiction of the
Federal Court.

Introduction
In Malaysia, there are two types of sources of law which is written law and
unwritten law. For court system, it can be divided into two categories. There are
superior courts and subordinate courts.

Law
Federal Court

Court of Appeal

High Court of Malaya

Sessions Court
Magistrate Court

The hierarchy above show the hierarchy of courts in Malaysia. The jurisdiction
of the court in Malaysia is determined by the Courts of Judicature Act and the
Subordinate Courts Act 1948.
The Federal Court is the highest court in Malaysia. It is instituted by Article
121 of the Federal Constitution. The composition of judges of Federal Court
consists of the Chief Justice, Chief Judges of Sabah and Sarawak and six
Federal Court Judges. Every proceeding in the Federal Court shall be heard and
disposed of by three judges or such greater uneven number.

The Court of Appeal generally hears both civil and criminal appeal costs. The
Court of Appeal has only Appellate Jurisdiction. In civil appeals, the Court of
Appeal has jurisdiction to hear and determine any appeal where the amount or
value of the subject matter of the claim is less than RM 250,000. In criminal
appeal cases, the Court of Appeal has jurisdiction to hear and determine any
appeal the decision of the High Court.
There are two High Court of co-ordinate jurisdiction in Malaysia, namely the
High Court of Malaya and the High Court of Sabah and Sarawak. The High Court
have jurisdiction to hear appeal from the subordinate courts in civil and criminal
matters. Each of the two High Court is hearded by a Chief Judge.
The Sessions Court is the highest of the subordinate court. It is empowered
to deal with the subject matters up to the value of RM 250,000. Any appeal from
session court in civil and criminal will go to High Court. In civil jurisdiction, the
Sessions Court has unlimited jurisdiction over matters relating to accidents,
landlord-tenants and distress. For criminal jurisdiction, it may try all offences
except punishable by death and may impose any sentences except death
sentence.
The Magistrate Court deal with both civil and criminal. It sit in almost all
major towns in Malaysia. All appeals will go to High Court. There are two types of
Magistrate which is First Class and Second Class.
For the First Class Magistrate, in civil jurisdiction, the Magistrate try to all
litigations where the matter in does not exceed RM 100,000. For criminal, the
magistrate try all offences punishable with up to 10 years imprisonment or with
fine only and offences related to punishment. It may pass any sentences not
exceeding 5 years imprisonment, fine up to RM 10,000 and whipping up to 12
strokes.
The Second Class Magistrate try civil cases where the plaintiff seeks to
recover a debt not exceeding RM 10 000. Moreover, it also deal with cases
where the 12 months imprisonment or which is punishable with a fine only. It may
pass sentences not exceeding 6 months imprisonment or fine not more than RM
1 000 or combination of both.
The jurisdiction of Federal Court is to hear civil and criminal appeals from
Court of Appeal. The jurisdiction of Federal Court can be divided into four
categories, namely Original Jurisdiction, Appellate Jurisdiction, Reference
Jurisdiction and Advisory Jurisdiction.

Original Jurisdiction is an exclusive jurisdiction. The Federal Court hears

criminal appeals from the Court of Appeal, but only in respect of matters heard by
the High Court. In this jurisdiction, the Federal Court has the power to determine
a federal law or state law invalid. Plus, the Federal Court has the power to
disputes between Federal or States.
For Appellate Jurisdiction, the Federal Court determine any appeals from the
Court of Appeal and High Court.
For Reference Jurisdiction, the other courts may refer to the Federal Court for
a decision which concern about constitutional matters. In Advisory Jurisdiction,
the Federal Court may give advice to the Yang Di Pertuan Agong on regard of the
Federal Constitution.

Conclusion
In conclusion, we know about the hierarchy system of the court and from that,
we find that the every courts have their own function. With hierarchy system, it
makes everything easier and become in order.