STRUCTURE OF THE COURT

Under the constitution act 1955, the judicial power of a country is exercised by the subordinate court,
high court and federal court, which is in a hierachy form that the subordinate court is at the lower level,
followed by the superior court.
The federal court is the final appeal court. It is headed by a chief justice. Below the federal court is the
court of appeal. It is headed by a president of court of appeal. Below the court of appeal is the high
court of Malaya & high court of Borneo. Each of these court has coordinate jurisdiction. These court is
presided by a chief judge.
Below the high court is the session court. Session court is presided by a session court judge. On the
same hierachy level as the session court is the juvenile court. It deals with juvenile offenders. It is
presided by a magistrate.
Below the session court is the magistrate court which comprise of first class magistrate and second class
magistrate. These courts are presided by magistrate. In west malaysia, below the magistrate court is the
penghulu court. It is presided by a penghulu who has limited jurisdiction power and deals with local
dispute.
There is also few courts at the state level. Example the syariah court and the native court.
Penghulu court
the preceeding are informal.
Appeals lies on the first class magistrate
Deal with subject matter which does not exceed 50 and impose fine which does not exceed 25
Magistrate
Second class magistrate
Need not to be qualified in law
Impose fine which does not exceed rm1000 or imprisonment or both
Usually a public servant or minor court judge.
First class magistrate
Must be a member of judicial and legal service
Deal with matter which does not exceed 25k and impose fine which does not exceed 10k, whipping up
12 strokes or a combination of sentences

Session court judge
-To try all criminal offence other than punishment with death s63 of subordinate court
-Impose any sentence other than death sentence.
-Does not have jurisdiction under such matter:
Specific performance or rescission of contract
Injuction
Matter related to immovable property
High court
Original jurisdiction
To try all criminal offence
Have unlimited jurisdiction
Deals with cases related to drug trafficking explosive and firearms
Most of the cases amount excess 250000
Appelate jurisdiction
Consider as a rehearing of the decision made by subordinate court
Supervisory jurisdiction
Supervise the conduct and review the decision made by the subordinate court
Revisionary jurisdiction
May call for record of any proceeding in the subordinate court
The court of appeal
Deals with appeals from decision of a high court
No appeal
If the subject matter does not exceed 250k, a leave of the court of appeal must be obtain
The decision of high court should be final


The federal court
Appellate jurisdiction
Appeals from high court
Bulk of work occupied 90-95% of its work
Consider as a rehearing and federal court has all the power and duties that high court have
Original jurisdiction
Any question whether a law made is invalid on the ground
Any dispute or question between states and between federal and states
Referral jurisdiction
Federal court determine constitutional question which have arisen in the proceeding of another court
It remits the case to the original court to be disposed of in accordance with that determination.
Advisory jurisdiction
Advice and give opinion of any question to his majesty.

Importance of a court system
Achieve greater justice
To ensure that the decision made by the courts are in line with the doctrine of judicial binding precedent
To enable higher court to review the decision made by the lower court and ractify the errors.
To enable person who is disatisfy with the decision of such court to be rehear by a higher court. To
obtain justice they seek
Advantage of a court system
Faciliate a system of appeal. Person who disatisfy can be review by a higher court.
To achieve greater uniform of application of law. Doctrine of judicial binding precedent
Specialistation in the judicial process. Superior court deals with criminal offence. Lower court deals with
less serious cases.