INTRODUCTION TO MALAYSIAN LEGAL SYSTEM Flashcards
Public Law
The law which governs/control the relationship between individuals and the State.
Category of Public Law
Constitutional Law and Criminal Law.
Constitutional Law
Lays down the rights of individuals in the State such as the supremacy/power of parliament and rights of the citizens.
Governs/control the systems of public administration
Criminal Law
Codifies ( the action or process of arranging laws or rules according to a system or plan ). The various offences/crimes committed by individuals against the State.
Private Law/ Civil Law
Having to do with individual rights. An example of a civil law is one allowing everyone the freedom to own property.
Private Law/ Civil Law
Having to do with individual rights. An example of a civil law is one allowing everyone the freedom to own property.
Not going to involve with the state and the public
Ex, person A and B are going to get a divorce, so they are going to settle their problem by themselves. The state and public are not going to participate and involve.
Category of Private Law
CONTRACT , TORT & TRUST
What is the meaning of Contract Law?
Legally enforceable
A number of promises that are accepted by the parties involved is an agreement.
Consensus ad idem.
(Meeting of the Minds = Mutual Agreement)
What is the meaning of Contract Law?
Legally enforceable
A number of promises that are accepted by the parties involved is an agreement.
Consensus ad idem.
(Meeting of the Minds = Mutual Agreement)
Tort Meaning
An act that gives rise to injury or harm to another
Describes the invasion of any legal right
SOURCES OF LAW
Sources of Malaysia Law, Historical Sources, Legal Sources, Places where the law can be found.
OBJECTIVES OF INTRODUCTION TO MALAYSIAN LEGAL SYSTEM
To provide an overview of the Malaysian legal system.
To equip/provide the students with a basic understanding of the commercial laws in Malaysia.
To expose to the students on how to refer and apply the laws
To study the Shari’ah principles regulating/controlling commercial transactions
What is ‘LAW’?
Rules and regulations.
CLASSIFICATION OF LAW
PUBLIC LAW, INTERNATIONAL LAW, PRIVATE LAW
What is Written Law?
The system of rules within a particular country, area or community, recognized as binding and enforced by an authority ( like you have to follow the rules that already been set in some places )
Written in a book of such rules, the law exists in parliament and states
