Page 39 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
P. 39

Politeknik Kota Bharu




                         SUPERIOR COURTS:
                           a.  Federal Court


                                ✓ It ranks at the highest in hierarchy of courts in Malaysia.

                                ✓ The Federal Court may hear:

                                    i.  Appeals of civil decisions of the Court of Appeal where

                                       the Federal Court grants leave to do so.


                                   ii.  Criminal appeals from the Court of Appeal, but only in

                                       respect  of  matters  heard  by  the  High  Court  in  its

                                       original jurisdiction (i.e., where the case has not been

                                       appealed from the Subordinate Courts).

                                ✓ Members- Chief Justice of Federal Court, President of the

                                   Court of Appeal, Chief Judges of High Courts, and 8 other

                                   judges and additional judges.  (Cases heard by at least 3

                                   judges or more).

                                ✓ Decisions  bind  all  the  courts  below.  (Unanimously  or

                                   majority).


                           b.  Court Of Appeal


                                ✓ COA has jurisdiction to hear and determine any appeal

                                   against any HC decision on criminal or civil matters.

                                ✓ Except  where  against  judgment  or  orders  made  by

                                   consent.

                                ✓ This court bound by its own and FC decision.

                                ✓ Members- President of the Court of Appeal and up to 10

                                   Court of Appeal judges.













                                                                                                    27
   34   35   36   37   38   39   40   41   42   43   44