Question

Discuss the rationale of having the hierarchy of the court system in Malaysia. Distinguish between civil and crime wrongs

Answer 1

Hierarchy of malaysian court system

The hierarchy of courts begin from the Magistrates' court, Session court, High court, Court of Appeal, and finally, the Federal Court. The Superior Courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrated Courts and the Sessions Courts are classified as subordinate courts.

One reason is the Doctrine of precedent which means that all decisions that are made in Higher court become binding on all lower courts in the same hierarchy. Another benefit of having a court hierarchy is that each case can be assigned to a certain court based on their seriousness.

Distinguish between civil and crime wrong

•In broad terms, Crime involves community condemnation and punishment through the state ( either state or commonwealth).

While a civil wrong is a wrong against an individual that calls for compensation or repayment to the person wronged  

•If a person takes money from someone's bag without their permission,, intending to keep it, they are committing a criminal offence (stealing) for which they may be punished if found guilty. They may also be ordered to pay the person they stole from compansation, but this is only in addition to the punishment process. On the other hand, a person who fails to pay back money which was loaned to them does not necessarily commit a crime, and although a person can take a civil case to get the money back, the person will not necessarily be criminally punished.

•Crimes are prosecuted by the state or commonwealth. This means that either police prosecute an offence( police prosecution) or the Director of public( DPP). Private criminal prosecutions are possible but they are very rare.

For civil matters, it is up to the individual affected to take the proceedings against the person who allegedly committes the civil wrong.

•A victim of crime, whether it is one of the violence or against property, has a right irrespective of the outcome of a criminal prosecution to sue the culprit for damage or loss.

Of course, many such offenders have no assets amd therfore obtaining a civil judgement against against such a person is fruitless.

• Many minor criminals offences may also have serious civil consequences, for example, driving without due care and attention which may lead to destruction of someone's motor vehicle or personal injury.

Civil cases only have to be proved on the balance of the probabilities, whereas criminal cases offences must be proved beyond reasonable doubt