Shared Flashcard Set

Details

MLS
Admin of Justice
30
Law
Undergraduate 1
03/05/2010

Additional Law Flashcards

 


 

Cards

Term
Why is there a court hierarchy?
Definition
  1. Appeal
    • Differentiate between higher and lower courts
  2. Integral to doctorine of precedent (Authority of higher courts)
  3. Specialization of judicial process
  4. Effeciency and administrative expediency
Term
Jurisdiction of First class magistrate
Definition
  • Criminal:
    • Juris: S 85 does not exceed 10 years
    • Power:
      • 5 years imprisonment
      • RM 10000
      • 12 strokes whipping
  • Civil:
    • Where amount of dispute is not more 25000
Term
 Subordinate courts and relevant act
Definition
  1. Courts
    • Sessions court
    • Magistrate court
  2. Acts
    • Subordinate court act
Term
Superior courts and relevant act
Definition
  1. Courts:
    • Federal court
    • Court of Appeal
    • High court
  2. Act : Courts of Judicature Act
Term
Sessions court Jurisdiction:
Definition
  • Criminal: S 63 and 64, all offences except those punishable by death
  •  Civil : S 65 unlimited jurisdiction -subject matter doesnt exeed 250 000
Term
What are the existing High Courts
Definition
High courts of Malaya and high court of sabah and sarawk
Term
HC jurisdiction Jurisdiction
Definition
  • Civil: S 22(1)
  • Criminal : S 23
  • Unlimited criminal and civil jurisdiction
Term
Appellate Jurisdiction of HC
Definition
  1. Civil:
    • S 27 & 28
    • no apeal on subject matter less thne 10000
    • Exception : matters on wives or children
  2. Criminal:
    • S 26
    • no appeal less then 25
    • pleaded and convicted
    • against acquittal
Term
Court of Appeal Jurisdiction
Definition

Criminal:

  • S 50 (1) and (2)

Civil:

  • S 67
  • Exceptions:
    • 250000
    • Judgement by consent of parties
    • Relates to costs only
Term
Federal Court Juris
Definition
Article 128
Term
What are the specialized courts
Definition
  1. Court for children
  2. Industrial Courts
  3. Tribunal for consumer claims
  4. Special courts for rulers
  5. Native court of Sabah
  6. Native court of Sarawak
  7. Syariah court
Term

Court for Children Act

 

Definition
Child Act 2001
Term
What is a child according to the relevant section?
Definition
  • Section 2: a person under the age of 18

 

Term
Jurisdiction of Court for Children
Definition
  • S 11(5) : to try all offence except those punishable by death
Term
Tribunal for consumer claims Act and def of consumer
Definition
  • Consumer protection act

  • A person who acquires or uses goods or services

Term
Jurisdiction of Tribunal for Consumer claims
Definition
  • S 98 and 99
  •  
Term
The industrial court Act
Definition
Industrial relations act
Term
Jurisdiction of Industrial Court
Definition
Any matters relato trade disputes and dissmissal of a workman who in not a union membar
Term
The special court for rulers relvant act
Definition

A 182 federal constitution

 

Term
Jurisdiction of Special court for rulers
Definition
Any proceedings by or Against YDPA or ruler od state
Term
Bases on what act and sec can a judge here a case in his office?
Definition
CLA S15
Term
Which court has rivisionary power?
Definition
HC
Term
What is the min of judges in court of appeal
Definition
3
Term
What kind of jurisdiction does the COA have?
Definition
Appelate Jurisdiction
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