Chap 1 - Court Structure

BUSINESS LAW
CHAPTER 1
THE COURT
STRUCTURE
https://www.youtube.com/watch?v= H64ATEzBwp
4
On Malaysian Legal System

The Classification of Law
Public & Private Law Common Law and Equity Civil and Criminal Law
Classifications of Law - Public Law
Public Law
 Public law is the law which governs the r/ship b/w
individuals and the state.
 Public Law is further divided into constitutional law and

criminal law
 Constitutional law lays down the rights of individuals in

the state and deals with question such as supremacy of
Parliament and rights of citizen.
 Also involves areas dealing with state and federal powers.
Classification of Law - Private Law
Private Law is concerned with matters that affect

the right and duties of individuals among
themselves.
Private law is intended to give compensation to

persons injured to enable property to be recovered
from wrongdoers and to enforce obligations.
(contracts , torts and trusts).
Classification of Law - Private Law
The law of contract determines when a promise or a

set of promises is legally enforceable. Tort is based
on an obligation imposed by law, it is a civil wrong.
It is a breach of a general duty which is imposed by

the law.
Classification of Law
Common Law and Equity

 Common law are non-statutory laws, which is based
on cases that have decided previously.
 Equity is when the cases are decided based on

principles of just, fairness and equity.
Civil and Criminal Law
 Civil law is about private disputes between two
individuals or between individuals and organizations.
 Civil matters include areas involving contract law,
family law, tort law, property law and labour law.
 Objective is to compensate the injured party.
- Criminal Law involves punishing and

rehabilitating offenders, and protecting
society.
The purpose of law is to govern the conduct of all
members of society.
The courts in Malaysia have both criminal and

civil jurisdiction.
The Federal Constitution is the supreme law of

the country
Magistrates Court Sarawak
Hierarchy of Courts
Federal Court
 Federal Court is the highest court in the land and all its
decisions are binding on lower courts.
 The Federal Court - highest judicial authority and

established pursuant to Article 121 (2) of the Federal
Constitution.
 It can hear disputes on any matter between any State and

the Federal Government.
 Headed by Chief Justice

Federal Court
Court of Appeal
Court of Appeal is heard by three judges or any
uneven number of judges.
It has jurisdiction to hear and determine any appeal

against any High Court decision on criminal cases
and also certain civil cases.
Court of Appeal
The High Court
The High Court has :-
i) Civil jurisdiction- divorce,
matrimonial cases, bankruptcy,
will related, guardians of infants,
letters of administration of estate
of deceased persons, etc….amount
exceeds RM1,000,000
The High Court
ii) Criminal jurisdiction –has

unlimited jurisdiction in all criminal
matters
- where the lower courts (Sessions and
Magistrates) have no authority and
offences which carry death penalty
The High Court
iii) Appellate jurisdiction- may hear

appeals from Magistrates and Sessions
Courts in both civil and criminal
matters. The amount must exceed
RM10,000
- cases are heard by a single judge or by
Judicial Commisioner
SUBORDINATE COURTS
Sessions Court - Civil Matters
 Section 65 of the Subordinate Courts Act
1948 [Act 92] provides the Sessions Court:
 has unlimited jurisdiction to try all actions

and suits of a civil nature in respect of motor
vehicle accidents, landlords and tenants and
distress;
SUBORDINATE COURTS
 jurisdiction to try all actions and suits of a
civil nature where the amount in dispute or
the value of the subject matter does not
exceed RM1,000,000; and
 jurisdiction to try all actions and suits of a
civil nature for the specific performance or
rescission of contracts or for cancellation or
rectification of instruments.
SUBORDINATE COURTS
Sessions Court
 Civil matters motor vehicle accidents, landlord
tenant, distress actions not exceeding RM1,000,000
SUBORDINATE COURTS
Sessions Court - criminal matters
 In its criminal jurisdiction, Sessions Court
has jurisdiction to try all criminal offences
EXCEPT those punishable by death.
 Except for the sentence of death, a Sessions

Court can pass any sentence including
natural life sentence.
SUBORDINATE COURTS
Magistrates Court
 The Magistrates Court deals with the vast
majority of cases, both civil and criminal
and sit in almost all major towns in
Malaysia
 their jurisdiction is found in Subordinate

Courts Act 1948
Magistrates Court
the maximum term of

First
●
imprisonment does not

exceed ten (10) years; or
Class ●
are punishable with fine
only;
Magistrates Court
●
But may pass sentences of -
First ●
●
not more than five (5) years
imprisonment;
a fine of up to RM10,000; and/or
Class impose whipping up to a

●
maximum of twelve (12) strokes

of the cane.
Magistrates Court
Civil case not exceeding
Second
●
RM10,000
●
Criminal jurisdiction where the
offence is punishable by a fine
Class
only or where the offence
provides for a term imprisonment
not exceeding 12 months
https://asklegal.my/p/survival-guide-to-court-episo
de-4-the-court-and-the-people.html
https://www.youtube.com/watch?v=LsJwX2G_jpg
 https://www.youtube.com/watch?v=rC4xYkeSyLE

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BUSINESS LAW

On Malaysian Legal System

 Public Law is further divided into constitutional law and

 Constitutional law lays down the rights of individuals in

Private Law is concerned with matters that affect

Private law is intended to give compensation to

The law of contract determines when a promise or a

It is a breach of a general duty which is imposed by

Common Law and Equity

 Equity is when the cases are decided based on

- Criminal Law involves punishing and

The courts in Malaysia have both criminal and

The Federal Constitution is the supreme law of

 The Federal Court - highest judicial authority and

 It can hear disputes on any matter between any State and

 Headed by Chief Justice

It has jurisdiction to hear and determine any appeal

ii) Criminal jurisdiction –has

iii) Appellate jurisdiction- may hear

 has unlimited jurisdiction to try all actions

 Except for the sentence of death, a Sessions

 their jurisdiction is found in Subordinate

the maximum term of

imprisonment does not

Class impose whipping up to a

maximum of twelve (12) strokes

Civil case not exceeding

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