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11 Cards in this Set
- Front
- Back
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Federal Courts |
*enforce both Federal & State laws. 1. Federal Court 2. Court of Appeal 3. Two High Courts (equal status & jurisdiction) -High Court of Malaya and Sabah & Sarawak 4. Sessions Courts 5. Magistrates' Courts |
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Federal Court, Court of Appeal and High Courts are superior courts. |
- Established under Article 121 of FC - Unlimited jurisdiction - Jurisdiction of Fed & COA in FC & CJA - Jurisdiction of High Court in CJA |
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Sessions & Magistrates' courts are inferior or subordinate courts. |
- limited/prescribed jurisdiction - established & power derived from Subordinate Courts Act 1948 - subject to the control and supervision of the superior courts |
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FEDERAL COURT (constitution) |
- principal registry located in Palace of Justice, Putrajaya since 1/9/2003 - apex & final court of appeal - established under Art 121(2) of FC - proceeding heard by 3 judges of greater uneven number determined by CJ |
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FEDERAL COURT consists of... |
- Chief Justice (president of the court) - President of COA - 2 Chief Judges of HC - 8 other judges (YDPA provides; art122 clause 1A of FC) |
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FEDERAL COURT (JURISDICTION) Original Jurisdiction |
- power to hear case for the first time - same original jurisdiction as HC - exclusive jurisdiction under art 128(1) - may exercise consultative jurisdiction when the need arises |
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FEDERAL COURT (JURISDICTION) Appellate Jurisdiction (civil) |
- s96CJA: appeal can be made from COA with the leave of the Fed Ct - Fed Ct has the power to order a new trial of any case tried by HC in the exercise of its original/appellate jurisdiction - s100CJA: new trial must not be granted on the ground of proper rejection or admission of evidence unless Fed Ct thinks there's failure of justice by such impropriety |
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FEDERAL COURT (JURISDICTION) Appellate Jurisdiction (criminal) |
- hear any appeal from any decision of COA in its appellate jurisdiction of any criminal matter decided at first instance by HC - s90CJA: Fed Ct may summarily dismiss an appeal that comes before it. - may also confirm, reverse or vary decision of COA, or order a retrial/remit with its opinion to the HC, or make such other order seem just |
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FEDERAL COURT (JURISDICTION) Appellate Jurisdiction (referral) |
- decide a question of interpretation/effect of any FC provision which arose in another court (referred as special case) - when decided, remits case to trial ct to be disposed according to decision - if pending decision of Fed ct, trial ct may stay in proceeding |
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FEDERAL COURT (JURISDICTION) Appellate Jurisdiction (advisory) |
- art130 FC: YDPA may refer to Fed Ct for opinion about provision in FC - Fed Ct then has to pronounce opinion in open ct in the form of declaratory judgment - rare for exec to seek jud help; only once: Govt of Msia v Govt of the state of Kelantan [1968] |
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Government of Malaysia v Government of the State of Kelantan [1968] 1 MLJ 129 |
- govt of Kelantan contract with a company - company offer a mining & forest concession in return for advance payment of royalty - Fed govt said the transaction = borrowing, contrary to constitution - Ct ruled that it did amount to borrowing, within the meaning of the constitution - an extended meaning of 'borrow' was given in art160 to negate the law in that case |
