Answers :

Question A :

The court hierarchy in Malaysia are Federal Court,Court Of Appeal,High

Court,Session Court and Magistrate Court.Federal Court is presided over by the
Chief Justice to the Federal Court.The Federal Court of Malaysia or in
malay,Mahkamah Persekutuan Malaysia is the highest court and the final appellate
court in Malaysia.It is housed in the Palace of Justice in Putrajaya.The court was
established during Malayas independence in 1957 and received it current name in
1994.It is the highest court within the hierarchy of legal jurisdictions in Malaysia
and established under Article 121(2) of the Federal Constitution.The Federal Court
consists of the Chief Justice,the President of the Court Of Appeal,the two Chief
Judges of the two High Courts and four but not exceeding eleven other
judges.Every proceeding in the Federal Court shall be in accordance to Section 74
of the Courts of Judicature Act 1964(Act 91),be heard and disposed off by three (3)
judges or such greater uneven number of judges as the Chief Justice may in any
particular case determine.In the absence of the Chief Justice the most senior
member of the Court shall preside.Article 122(2) of the Federal Constitution
provides that the Chief Justice,if he considers that the interests of justice so
require,may nominate a judges of the Court of Appeal other than the President of
the Court Of Appeal to sit as a judge in the Federal Court.

Court Of Appeal is presided over by the President of the Court Of Appeal.It is an

appellate court of the judiciary system in Malaysia.It is the second highest court in
the hierarchy below the Federal Court.Court Of Appeal was created in 1994 as part
of reforms made to the judiciary to create a second tier appellate court in 1985.The
court is headed by the President of the Court of Appeal,who is the second most
important person in Malaysian judiciary after the Chief Justice of Malaysia.The
Current President of the Court of Appeal is Md.Raus Sharif.

Every proceeding in the Court of Appeal shall be heard and disposed of by three
Judges or such greater uneven number of Judges as the President may in any
particular case determine.The Court of Appeal is limited to only perform the
function of an Appellate Court.The Court of Appeal is the highest court of appeal
on matter decided by the High Court in its appellate or revisionary jurisdiction.It is
the second highest court inb the judiciary system in Malaysia.The following
specialized panels have been constituted to expedite the disposal of appeal:
a)Criminal Panel
b)Commercial Panel
c)Civil Panel
d)Interlocutory Panel
e)Leave to Appeal Panel
f)Prerogative Writs Panel

High Court is presided over by the respective Chief Justice of Malaya

(Peninsular Malaysia) and presided over by the respective Chief Justice Of Sabah
and Malaysia.High Courts in Malaysia are the third-highest courts in the hierarchy
of courts,after the Federal Court and the Court of Appeal.Article 121 of the
Constitution of Malaysia provides that there shall be two High Courts of
coordinate jurisdiction,the High Court in Malaya and the High Court in Sabah and
Sarawak(before 1994,the High Court in Borneo).Before 1969,the High Court in
Singapore was also part of the Malaysian courts system.The High court in Malaya
has its principle registry in Kuala Lumpur,with other registries to be found in all
states in peninsular Malaysia,while High Court in Sabah and Sarawak has its
principle registry in Kuching,with other registries elsewhere in Sabah and
Sarawak.There are in total 22 High Court registries across all in 13 states in
Malaysia.The two High Court also travel on circuit to other smaller towns.The two
High Court,the Court of Appeal and the Federal Court are classified as superior
courts,while the Magistrates Courts and the Sessions Courts are classified as the
subordinate courts.

The High Court function both as a court of original jurisdiction as well as an

appellate court,and are each headed by a Chief Judge(before 1994,Chief
Justice).The Chief Judges of Malaya and Sabah and Sarawak are the third and
fourth highest positions in Malaysian judiciary after the Chief Justice of the
Federal Court(before 1994,the Lord President of the Federal Court) and the
President of the court of Appeal.The High Court has specialized divisions,namely:
a)Criminal Division
This division hears cases in the exercise of its appellate or revisionary jurisdiction
on any criminal matter from the subordinate courts.
b)Civil Division
Hears civil cases inclusive of actions on foreclosure,tort and contracts for services.
c)Commercial Division
Hears commercial cases inclusive of admiralty,insurance,companies windingup,agency,banking,intellectual property and specific Relief Act cases.
d)Appellate and Special Power Division
Hears appeals from the subordinate courts,cases under the Legal Profession Act
1976(Act 166) and judicial review of administrative actions and under specific
Acts.
e)Family Division
Hears matrimonial cases under the Law Reform(Marriage and Divorce)Act 1976
(Act 164).Formerly,part of the Civil Division.

The Sessions Court has the jurisdiction to hear both criminal and civil cases.At
present there are eighty seven Sessions Court judges throughout Malaysia.A
Session Court judge is appointed by the Yang di-Pertuan Agong on the
recommendation of the respective Chief Judges (Section 59 of the Subordinate
Courts Act 1948).A Session Court Criminal has the jurisdiction to try all offences
other than offences punishable with death.Except for the sentence of death,a
sessions court may pass any sentence including natural life sentence(sections 63
and 64 of the Subordinate Courts Act 1948).A Session Court Civil has unlimited
jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle
accidents,landlord and tenant and distress and jurisdiction to try all other actions
and suits of a civil nature where the subject matter does not exceed Rm250,000.00.
(Section 65 of the Subordinate Courts Act 1948)

Magistrate Courts have jurisdiction to hear both Criminal and civil cases.In
Malaysia,A Magistrate for the Federal Teritory is appointed by Yang di-Pertuan
Agong on the recommendation of the Chief Judge whereas for respective states,a
magistrate isn appointed by the State Authority on the recommendation of the
respective Chief Judges.In Malaysia,Magistrate are divided into First Class
Magistrate and Second Class Magistrate.First Class Magistrate in criminal matters
has the jurisdiction to try all offences of which,the maximum term of imprisonment
does not exceed ten years or punishable with fine only but may pass sentences of
not more than five years imprisonment,a fine of up to Rm10,000 and/or impose
whipping up to a maximum of twelve strokes of the cane.In civil matters,hear all
actions and suits of a civil nature where ther amount in dispute or value of the
subject matter does not exceed Rm100,000 under Section 90 of the Subordinate
Courts Act 1948 (Act 92).Second class Magistrate in criminal matter is where the
offence is punishable by a fine only or where the offence provides for a term of
imprisonment not exceeding twelve month.A Second Class Magistrate may pass a
sentence of a term of imprisonment not exceeding six month,a fine not exceeding
Rm1,000 or any sentence combining any of the sentence above.

In civil matter,Second Class Magistrate may hear a civil case where the plaintiff
seeks to recover a debt or liquidated demand in money payable by the defendant,
with or without interest,not exceeding Rm10,000.

Question B :

Written Law is the Sources of Malysian Law.Written Laws are laws which have
been enacted in the constitution or in legislation.Written Law refers to the laws
contained in the Federal and State Constitution,code or statute.The written laws are
much influenced by English laws as the Malaysian legal system.Example of
written law are Federal Constitution,State Constitution,Legislation and Subsidiary
Legislation.