mpw2133 malaysian studies judiciary

8/13/2019 MPW2133 Malaysian Studies Judiciary

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MPW2133 MALAYSIAN STUDIES

16 MARCH 2013

TOPIC: JUDICIARY AUTHORITY IN MALAYSIA

NUM. NAME ATTD. NUM PROGRAMME

1 SITI NOOR FARHANI BINTI ALI 59 PRE-FOUNDATION

2 SHANNEN MARCUS NGAU 58 PRE-FOUNDATION

3 ANNES FADINA BINTI TAIWAN 08 PRE-FOUNDATION


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PALACE OF JUSTICE SITUATED IN PUTRAJAYA


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To declare a government action is invalid in the eyes of law

To proclaim a written Federal and State law in valid

To interpret law

To hear and determine criminal matters

THE YANG DI-PERTUAN AGONG


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Federal Court

Court of Appeal

Session Court

High Court in

Malaya

High Court in

Sabah and Sarawak

Magistrates Courts Court for Children

Special

CourtSuperior Courts

Subordinate

Courts
http://localhost/var/www/apps/conversion/tmp/scratch_8/FEDERAL%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/COURT%20OF%20APPEAL.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/SESSION%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/HIGH%20COURT%201.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/MAGISTRATES'%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/COURT%20OF%20CHILDREN%201.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/SPECIAL%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/SPECIAL%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/SPECIAL%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/SPECIAL%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/COURT%20OF%20CHILDREN%201.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/COURT%20OF%20CHILDREN%201.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/COURT%20OF%20CHILDREN%201.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/MAGISTRATES'%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/HIGH%20COURT%201.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/SESSION%20COURT.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/COURT%20OF%20APPEAL.pptxhttp://localhost/var/www/apps/conversion/tmp/scratch_8/FEDERAL%20COURT.pptx


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F

EDERALCOURT

Highest judicial authority in the country

Headed by the Chief Justice

Hears appeals of criminal and civil cases

Leave to appeal must be obtained prior toproceeding the appeal

Consist of the Chief Justice, the President of

the Court of Appeal, the two Chief Judges ofthe two High courts and seven other judges

Members appointed by the Yang di-PertuanAgong


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SPECIALCOURTS

Established

on the 30thof

March 1993 Deal offencescommitted by

Malay Rulers and

the YDP

Hears all civilcases brought by

or against the

monarchies

Chaired

by the

Chief

Justice

Chief

Justice

assistedby 4 other

members


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COURT OFAPPEAL

Established in

1994 Hears appealsof civil cases

againstdecisions ofthe Sessions

Court

Has thejurisdiction tohear appealsagainst the

decision of aHigh Court

Final jurisdictionfor cases beganin subordinate

court

Consist of achairman and

15 other

judges


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HIGH COURTS

Judges are

appointed by

the Yang di-

Pertuan

Agong

Hearsappeals from

the

Subordinate

Court, both

criminal and

civil cases

Deals with

criminal

offences that

carry death

penalty

Handles with

civil cases

such as

divorce and

matrimonial,

bankruptcy,

childcare,the will


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All criminal offences nottriable in the MagistratesCourts other than thosepunishable with thedeath penalty.

Civil cases wherethe disputed

amount< RM250, 000.

SESSIONSCOURT


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MAGISTRATES COURT

Deals with civil cases : the disputedamount


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Court for Children

teenagers from the age of 10-18 years old.

Conducted privately

Parents , guardian and the accused teenager

are allowed to question the accuser.

No prison sentence & criminal record against the

offender

Appeal decision can be made in the High Court


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THE SYARIAHCOURTS

SYSTEM

Formed in1988

Secular civil courts

jurisdiction overIslamic laws was

removed

AdministersIslamic laws for

Muslims

Has taken on

common lawforms, including

precedents and a

hierarchical

system of courts

Pioneered by theFederal

Government

Implements a

uniform model forsyariah courts in

the Federal

Territories

Formalisessyariah offences

and procedures

in statutes

Syariah courtsare established

under state

jurisdiction

The Malaysian Department of IslamicJudiciary coordinates the

administration of the syariah courts at

the national level


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PENGHULUS COURT

Cases of a minor nature

especially enumerated in

the letters of authority of

thepenghulu(villageheadman) and which can

be adequately punished by

a fined not exceeding

RM25.


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A separate hierarchy of states Native

Courts is found only in Sabah and

Sarawak. These courts hear cases

relating to the native customs of the

indigenous people, and generally

preside over matters concerningcustomary reserved land.

NATIVE COURTS


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mpw2133 malaysian studies judiciary

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