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How does the court system of Malaysia work?

The hierarchy of courts of Malaysia starts with the Magistrates Court as the first
level followed by theSessions Court, High Court, Court of Appeal and the Federal
Court of Malaysia, which is the highest level.
The High Court, Court of Appeal and the Federal Court are superior courts, while
the Magistrates Court, the Court
for Children and the Sessions Court are subordinate courts. A Magistrate's Court
and a Court for Childrenare presided by magistrates.
There are also various other courts outside of the hierarchy. There are
the Penghulu's Courts, the Syariah Courts and the Native Courts. A court, which
is paralleled in jurisdiction with the Magistrates' Court, is the Juvenile Court.
Penghulu's Court has been abolished by Subordinate Courts
(Amendment) Act 2010 (Act A1382), which came into force in March
2013.

Generally, there are two types of trials, namely criminal and civil.
(a) The Federal Court
The Federal Court hears appeals from the Court of Appeal.
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(b) The Court of Appeal
The Court of Appeal hears appeals from the High Court relating to both
civil and criminal matters.
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(c) The High Court

A) CIVIL JURISDICTION
The High Court has
jurisdiction to try all
civil matters but
generally confines
itself to matters on
which the Magistrates
and Sessions Courts

B) CRIMINAL
JURISDICTION

C) APPELLATE
JURISDICTION

The High Court may


The High Court may
hear all matters but
hear appeals from the
generally confines
Magistrates and
itself to offences on
Sessions Courts in
which the Magistrates both civil and criminal
and Sessions Courts
matters.

have no jurisdiction.
These include matters
relating to divorce and
matrimonial cases,
appointment of
guardians of infants,
the granting of
probate of wills and
testaments and letters
of administration of
the estate of deceased
persons, bankruptcy
and other civil claims
where the amount in
dispute exceeds
RM1,000,000.

have no jurisdiction,
for instance, offences
which carry the death
penalty.

Amount in dispute in
any civil matters must
exceed RM10,000
except where it
involves a question of
law.

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(d) The Sessions Court

(A) CIVIL JURISDICTION

(B) CRIMINAL JURISDICTION

A Sessions Court may hear any civil A Sessions Court has jurisdiction to
matter involving motor vehicle
try all criminal offences EXCEPT
accidents, disputes between
those punishable by death.
landlord and tenant, and distress
actions. The Sessions Court may
also hear other matters where the
amount in dispute does not exceed
RM1,000,000.

The civil jurisdiction limit of the Sessions Court has been


increased significantly under Subordinate Courts
(Amendment) Act 2010 (Act A1382) from the previous
RM250,000.
The Amendment Act also conferred the Sessions Court with
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.
Further, the Amendment Act empowers the Sessions Court
to grant an injunction and to make a declaration, whether
or not any other relief, redress or remedy is or could be

claimed.

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