Essay About Seniority Of The Court And Lower Courts

Judicial Precedent in Malaysia
[pic 1]STAMFORD COLLEGE MALACCASCHOOL OF BUSINESSFOUNDATION STUDIES IN BUSINESS(A6433)FSB 114: INTRODUCTION TO LAW (ITL)Outline the main features of judicial precedent in Malaysia STUDENT NAME                          :        DHARSHINI DEVI D/O PERIASAMYSTUDENT ID                :        2140161SEMESTER                         :        3LECTURER’S NAME                        :        MR. RANJNESH RAJAN PILLAYDATE OF SUBMISSION                        :        9 FEBRUARY 2015, 8.30 A.M. All decisions by judges on questions of law are precedents, but the value and weight of a precedent depends on a variety of factors. The most important of these factors is the seniority of the court which decided the case. At this stage it is important to realise that the rationable for the common law to be referred to as a source of law is that, establish by judges, it has binding effect on lower courts. (Marson, J, 2013).Prior to 1998, Article 121(1) of the Constitution provides that the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and such inferior courts as may be provided by Federal law. (Pheng L.M, 2009). However, the Constitution was amended Act 1994 (Act A885) and Article 121 (1) no longer provides for the ‘vesting’ of judicial power in the High Courts, but merely states that there ‘shall be two High Coutrs, of co-ordinate jurisdiction and status’, and such inferior courts as may be provided by federal law. A new clause (1A) to Article 121 provides that the courts referred to in clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts. Article 121(2) states that there shall be a court known as the Federal Court which shall have the jurisdiction, inter alia, to determine appeals from decisions of the Court of Appeal, of the High Court of a judge thereof, such original or consultive jurisdiction as is specified in Article 128 and 130. (Pheng L.M, 2009).The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level followed by the Sessions Court, High Court, Court of Appeal and the Federal Court of Malaysia, which is the highest level. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A Magistrates Court and a Court for Children are presided by magistrates. There are also various other courts outside of the hierarchy. There are the Penghulus Courts, the Syariah Courts and the Native Courts. A court, which is paralleled in jurisdiction with the Magistrates Court, is the Juvenile Court. (P.H. Richards, 2012).