Preview

LAW HIRACHY

Satisfactory Essays
Open Document
Open Document
371 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
LAW HIRACHY
18
High Courts
The two High Courts in Malaysia have general supervisory andrevisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civiland criminal matters.The High Courts have unlimited civil jurisdiction, and generallyhear actions where the claim exceeds RM250,000, other than actionsinvolving motor vehicle accidents, landlord and tenant disputesand distress. The High Courts hear all matters relating to:the validity or dissolution of marriage (divorce ) and matrimonialcauses, bankruptcy and matters relating to the winding-up ofcompanies, guardianship or custody of children,grants of probate, wills and letters of administration of estates,injunctions, specific performance or rescissions of contracts,legitimacy of persons.

19
The High Courts have unlimited jurisdiction in all criminalmatters other than matters involving Islamic law . The HighCourts have original jurisdiction in criminal cases punishable bydeath .Cases are heard by a single judge in the High Court, or by a judicial commissioner . While High Court judges enjoy security oftenure, judicial commissioners are appointed for a term of twoyears, and do not enjoy similar protection under the Constitution.An application for a judicial review is applied in this court. 20
The Magistrates' Courts and Sessions Courts in Malaysiahave jurisdiction in both criminal and civil matters
Sessions Courts
Somewhat like the former Quarter Sessions in England, theSessions Courts have jurisdiction to try offences which arenot punishable by death. They are presided over by SessionsCourt judges (formerly Sessions Court Presidents).The Sessions Courts also hear all civil matters of which theclaim exceeds RM25,000 but does not exceed RM250,000,except in matters relating to motor vehicle accidents,landlord and tenant and distress, where the Sessions Courtshave unlimited jurisdiction. 21
Magistrates' Courts
Magistrates are divided into First

You May Also Find These Documents Helpful

  • Better Essays

    In order for the judicial system to operate, the court must have the ability to exercise its power over citizens within the confines of law. To do this, a court exerts jurisdiction over individuals, allowing it to enter binding judgements in suits that arise due to contact in the jurisdiction. There are three types of jurisdiction exercised by state courts: In Personam, In Rem, and Quasi In Rem.…

    • 1189 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Homework Assignment 5

    • 1706 Words
    • 7 Pages

    Jurisdiction is the authority of a court to hear and decide cases. There are several types; a few are Appellate Jurisdiction, General Jurisdiction, Subject Matter Jurisdiction and Personal Jurisdiction. Appellate is a court that hears a case an appeal from a lower court. General is a court that hears various kinds of cases in general. Subject Matter is a court that can hear only certain kinds of cases listed in the federal statutes and constitution. Personal is a court that makes decisions binding on the person involved in a civil case.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Question Two: The Magistrates’ Court is the lowest court in the Victorian Court hierarchy. It has the ability to hear up to $100,000 for all civil disputes including personal injury. All disputes that are under $10,000 go to arbitration. In its criminal division, the Magistrates’ Court can hear summary offences such as minor assault and careless driving, indictable offences heard summarily, committal proceedings, bail applications and warrant issues. The Magistrates Court has no appellate jurisdiction.…

    • 753 Words
    • 4 Pages
    Good Essays
  • Better Essays

    One of the most essential inquiries of law is whether a particular court has authority to preside over a given case. The jurisdictional question may be broken down into three components: is jurisdiction over the person, is jurisdiction over the subject matter, and is jurisdiction to render the particular judgment sought. Then there is different courts that have jurisdiction depending on the case. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by their specific state laws.…

    • 1497 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Hsc Legal Studies Unit 2

    • 1766 Words
    • 8 Pages

    In a court hierarchy, different courts have different responsibilities. Lower courts, such as the State Magistrates’ Courts, hear minor or less important cases wheras the higher courts, like State Supreme Courts and the High Court of Australia deal with serious cases. Each Hierarchy Courts deal with all…

    • 1766 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Some are seen as Circuit or District Courts. These circuits can ask the supreme courts to hear the case. Not all cases are eligible to be reviewed by the U.S. Supreme Courts.…

    • 453 Words
    • 2 Pages
    Good Essays
  • Good Essays

    County Courts Case Study

    • 484 Words
    • 2 Pages

    According to the textbook, there is a hierarchy of courts in the judiciary system. All the courts share certain functions, however they also vary in their responsibilities.…

    • 484 Words
    • 2 Pages
    Good Essays
  • Good Essays

    However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court also has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states.…

    • 1292 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    The Criminal Trial Process

    • 3916 Words
    • 13 Pages

    Each court has its own jurisdiction or area over which it has authority to hear matters. Minor matters such as summary offences are dealt with lower in the court hierarchy; the higher courts are reserved for more serious matters, indictable offences and appeals from the lower courts.…

    • 3916 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Court Systems

    • 1067 Words
    • 5 Pages

    Courts of original jurisdiction hear the original evidence and thoughts along with witness testimony for the first time. Supreme courts has exclusive jurisdiction over the cases it hears, and parties may not settle a dispute between states without the original authority of the Supreme Court. After both sides are presented, a decision is made by either a judge or a jury. Both federal and state courts harbor trial courts, and conduct trials under two subdivisions of this jurisdiction. These subsets are ‘Limited Jurisdiction’ and ‘General…

    • 1067 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    3 Levels of Government

    • 374 Words
    • 2 Pages

    * Has authority over external affairs, defence, internal security, justice (except civil law cases among Malays and other indigenous peoples, adjudicated under Islamic and traditional law), federal citizenship, finance, commerce, industry, communications, transportation and other matters etc as stated in the Ninth Schedule (List 1) if the Federal constitution.…

    • 374 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    High Court In Australia

    • 127 Words
    • 1 Page

    The High Court of Australia was established by the Federal Government and the Commonwealth Parliament delegate’s power to the Judiciary Act 1903. The High Court is evidently the highest court, most superior and final court of appeal in Australia. Section 73 outlines the role of the High Court; appeals from all other superior federal and state courts, in all branches of law, except federal constitutional law. In other words the High Court hears appeals and applies the constitution when relevant to sole disputes. When no other avenue is present the High Court can establish case law to solve an outcome in a case. Case law is then develops into a binding precedent, which means all other courts in Australia (all below courts) must follow this new…

    • 127 Words
    • 1 Page
    Good Essays
  • Better Essays

    Research shows that there are two types of courts in which sentencing takes place Magistrate’s court and the Crown court. Criminal cases are dealt with in either of these two courts (Newburn 2007). Firstly, this essay will look at the functions and roles of both Magistrates and Crown courts. Secondly it will describe what cases are expected to be handled at each court and their jurisdictions. it will then go on to discuss various strengths and weaknesses of these courts.…

    • 1672 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Child Care Act Essay

    • 3086 Words
    • 13 Pages

    PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006…

    • 3086 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Business Law Assignment

    • 3302 Words
    • 14 Pages

    * consists of the chief justice of Singapore and the judges of the high court…

    • 3302 Words
    • 14 Pages
    Powerful Essays

Related Topics