CHAPTER

I Introduction to
Judicial System
© Muhammad
Part II:
Nizam
Awang @ Ali Subordinate
Courts
 • Operation of stare decisis
• Define ‘jurisdiction’ & ‘power’
• Courts hierarchy
• Jurisdiction of courts
Discussion
– Civil jurisdiction
Points – Criminal jurisdiction
– Local/ Territorial Jurisdiction
– Original jurisdiction
– Appellate jurisdiction
– Supervisory jurisdiction
– Referral jurisdiction
– Advisory Jurisdiction
 • By the end of lesson,
students should be able to:

Learning (i) Define, differentiate and

relate between jurisdiction
Outcomes and power
(ii) Apply different types of
jurisdiction exercised by
courts
 ‘Stare Decisis’
• Define: the legal principles decided by the
superior courts and followed by the inferior
courts
• Only operates between superior courts
over inferior courts
• Not between inferior courts
• For details: refer topic in last semester
The Meaning of ‘Jurisdiction’
Definition? Determine which court
should adjudicate the matter

Jurisdiction

General Rule? Jurisdictional limits is

determined by the statute
Eg. Subordinate Courts – limited by
SCA 1948 (Act 92)
 The Meaning of ‘Power’
Definition? Determine what remedy/
punishment the court
may grant/ impose

Jurisdiction

Power limits is determined by

General Rule? The creating statute or other statutes
Eg. Subordinate Courts – limited by
SCA 1948 (Act 92) or
under specific law (Penal Code)
 But Remember…
• Unlimited jurisdiction is not equivalent to unlimited
jurisdiction
• Unlimited jurisdiction does not authorize court to act
beyond the power
• A case shall be brought to the court with competent
jurisdiction. Otherwise, the court cannot hear and
adjudicate the matter.
• With competent jurisdiction, then only the court can
exercise its power. Otherwise, the remedy/
punishment is ultra vires.
• In short: Jurisdiction = capacity; power =
capability
 Courts Hierarchy
• Court hierarchy is important because we
follow stare decisis doctrine
• Where the inferior court shall be bound to
follow with the legal principles (ratio
decidendi) decided earlier by the superior
courts
 BEFORE 1985 PRIVY COUNCIL

FEDERAL COURT

COURT OF APPEAL

HIGH COURT IN MALAYA HIGH COURT IN BORNEO

SESSIONS COURT SESSIONS COURT

MAGISTRATE’S COURT MAGISTRATE’S COURT

PENGHULU’S COURT PENGHULU’S COURT

 1985-1995 SUPREME COURT

HIGH COURT IN MALAYA HIGH COURT IN BORNEO

SESSIONS COURT SESSIONS COURT

MAGISTRATE’S COURT MAGISTRATE’S COURT

PENGHULU’S COURT
 CURRENT
STRUCTURE

FEDERAL COURT

COURT OF APPEAL

HIGH COURT IN MALAYA HIGH COURT IN BORNEO

SESSIONS COURT SESSIONS COURT

MAGISTRATE’S COURT MAGISTRATE’S COURT

PENGHULU’S COURT
 Courts Jurisdiction
• Civil & Criminal Jurisdiction
– Differentiate between the nature of civil and criminal
cases
• Local/territorial Jurisdiction
– Determine the court of certain place to exercise
jurisdiction where the event/crime is committed
• Limited & Unlimited Jurisdiction – based on
the amount of claims
– Limited – determined by the certain amount of claims
– Unlimited – no limit on amount if it fall under such
subject matter. Example: Session Court’s jurisdiction
in accident cases.
 Courts Jurisdiction (2)
• Criminal Jurisdiction: of two types:
– Jurisdiction to hear and determine
– Jurisdiction to pass sentence
• Original Jurisdiction
– Determine the court that will hear try the case for first
time (court of first instance)
• Appellate Jurisdiction
– When the aggrieved party fail in the trial court, he will
appeal to the appellate court (normally higher court)
 Courts Jurisdiction (3)
• Revisionary & Supervisionary jurisdiction
– Determine higher court’s jurisdiction to check the
legality/ propriety of the lower court decision
• Referral Jurisdiction
– When the higher court (FC/HC) is referred for certain
issues (constitution) whilst the case being tried in the
lower court
• Advisory Jurisdiction
– When the Federal Court gives opinion on matter
referred to by YDPA
 SUBORDINATE COURTS
• Penghulu’s Court
• First Class Magistrate
• Second Class Magistrate
• Sessions Court

• Statute: Subordinate Courts Act

1948 (Act 92)
 Original Civil Jurisdiction
-

SESSIONS
COURT
s. 65 – RM250,000

FIRST CLASS s. 90 – RM25,000

MAGISTRATE

SECOND CLASS s. 92 – RM3,000

MAGISTRATE

PENGHULU’S s. 94 –RM50
COURT
ANY DISPUTE OF CLAIM SHALL NOT EXCEED…
 Original Criminal Jurisdiction
PENGHULU’S
COURT
Parties to
the proceeding:
c) Asian
d) Speak & Understand • Jurisdiction to try:
Malay language Try minor offences
: 95(2) (specified in the letter of
authority): S.95(1)
• To punish fine – X>RM25
: S.96
• Enforcement of Order
Report to Magistrate • Jurisdiction to impose
Court for sentence– X>RM25
non-compliance of : s.96
Order: s.97
 Original Criminal Jurisdiction (2)
FIRST CLASS
MAGISTRATE

Jurisdiction to Impose
Jurisdiction to Try –s.85
Sentence – s.87(1)
i) offences punishable
c) 5 years’ imprisonment
up to 10 years
d) RM10,000 fine
imprisonment @ fine
e) 12 times whipping
ii) s.392/ 457 Penal Code
f) Combination of (a)-(c)

Exception!!!!
- to award punishment in excess of power under s.87(1)
• Other law give authority to award full punishment.
E.g. Betting Ordinance
• Previous conviction: s.87(2)
 Original Criminal Jurisdiction (3)
SECOND CLASS
MAGISTRATE

Jurisdiction to Try –s.88
- 12 months’ imprisonment
@ fine only
Jurisdiction to Impose
Sentence – s.89
c) 6 months’ imprisonment
d) RM10,000 fine
e) Combination of (a) + (b)

Inadequate jurisdiction?
-adjourn the case for trial by
First Class Magistrate !!!
: s.88 Proviso
 Original Criminal Jurisdiction (4)
SESSIONS COURT

Jurisdiction to Try –s.70 Jurisdiction to Impose

- all offences Sentence – s.71
- to impose any
except those
punishable sentence except
with death those punishable
with death
 General Rule & Exception
• General Rule: The parties must claim/
prosecute within the jurisdictional limit of
court

• Query: Can the parties claim/ prosecute in

court beyond its jurisdictional limit? – If
yes..
– What is the effect on the parties in dispute?
– Can the court still hear the case?
 General Rule & Exception (2)
• Exception to General Rule:
• For claim
• The Sessions Court can hear the case if
they have mutually agreed in writing –
s.65
• Read also:
• s.65(3) &(4) - (Magistrate’s Court)
• s.66-70; s.72-74 - (Sessions Court)
 General Rule & Exception (3)
• For defence/ counter claim
– The court can hear the defence, but the parties only
cannot claim the excess limit of jurisdiction – s.65

• Otherwise, the parties may:

– Apply for transfer the claim to High Court –s. 69
– Relinquish the claim – s. 68
– Split the claim? – No, if it is based on the same
cause of action against the same party – s.67
 Appellate Civil &
Criminal Jurisdiction
HIGH
COURT

S.26 APPEAL SESSIONS

-28 COURT
APPEAL SECOND CLASS
CJA
APPEAL MAGISTRATE
FIRST CLASS
MAGISTRATE

S.91- CRIMINAL APPEAL S.86- civil APPEAL

PENGHULU’S
COURT
 Out of Jurisdiction
– Sessions Court
• No jurisdiction if..
• S.69 – The court has no jurisdiction at all!

• S.70 – In matters specific matters

including injunctions, specific performance
legitimacy, etc…

• S.71 – In cases which bona fide question

of title involved
Supervisionary Jurisdiction –
Sessions Court
Limited supervisory role over
s.54
Magistrates’ & Penghulu Courts

What the SC will do?

a) Call for /examine the record of civil proceeding

b) To satisfy the correctness, legality @
propriety of the MC@ PC decision

If illegal/improper, submit record to

High Court!!
HC will ensure justice is done!!
 • Operation of stare decisis
• Define ‘jurisdiction’ & ‘power’
• Courts hierarchy
R • Jurisdiction of courts
e – Civil jurisdiction
– Criminal jurisdiction
c – Local/ Territorial Jurisdiction
a – Original jurisdiction
p – Appellate jurisdiction
– Supervisory jurisdiction
– Referral jurisdiction
– Advisory Jurisdiction
 Next
Lesson Superior/ Higher Courts

High Court
Court of Appeal
Federal Courts
Statute: Courts of
Judicature Act 1964