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Malaysian Court System

In: Business and Management

Submitted By kaitokid4789
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MALAYSIAN COURT SYSTEM The purpose of this is to provide a brief overview of the Malaysian Court System. Whilst its intention is to familiarise readers with the function of Malaysian Courts, it is no substitute for professional legal advice which you should obtain whenever you are involved with the Courts. Such advice can be obtained from the numerous legal firms in the country or from the various Legal Aid Centres. MAGISTRATES COURT The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM 5,000 you may wish to file your claim in the “Small Claims” division of the Magistrates Court. If you do so, however, you must be prepared to conduct the case yourself, as legal representation is not permitted. B) CRIMINAL JURISDICTION A Magistrates Court may hear criminal matters of the following nature: i. Where the offence is punishable by a fine only – this would cover the majority of the traffic offences. ii. Where the offence provides for a term of an imprisonment not exceeding (10) years. A Magistrate may not, however, impose a term of imprisonment exceeding (5) years. SESSIONS COURT A) CIVIL JURISDICTION A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions Court may also hear other matters where the amount in dispute does not exceed RM 250,000. B) CRIMINAL JURISDICTION A Sessions Court has jurisdiction to try all criminal offences EXCEPT those punishable by death.

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...

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