Professional Documents
Culture Documents
1.
What is law
Classification
i)
Public law
- law governing the relationship between individuals and the State
- public law consists of constitutional law and criminal
- constitutional law concerns any right and duties of citizens under the constitution.
- criminal law covers offences against the state.
ii)
Private law
- concerns matters that affect the rights and duties of individuals amongst themselves.
- known as civil law
- consists of law on contract, tort and trust
- give an example under contract , tort or trust.
iii)
International law
- international law concerns law
- divided into public international law and private international law.
- Public international law is the law that prevails between States
- Private international law is part of municipal law as a result of which in every country
there will be a different version of it. Private international law consists of the rules that
guide a judge when the laws of more than one country affect a case
(conflict of laws).
iv)
Syariah law
Article 121(1A) FC
Magistrate's courts -Magistrates have the powers to hear both criminal and civil matters. magistrates
Court has the jurisdiction to try all actions and suits of a civil nature
where the amount in
dispute does not exceed RM25,000.00. The Magistrates' Courts also hear appeals
from the Penghulu's Court
Penghulu courts - jurisdiction of rm25.00
Q6 Explain sources of law
.
Unwritten sources - English common law - do not originate from malaysian law
- application of english law is specified in the statutes
- only apply when there is no specific laws applicable to it
Judicial decisions - aka Doctrine of binding precedent/ stare decisis
- decisions of seperior courts binding on inferior/ lower courts
- Inferior courts must follow and they cannot question the law made by higher courts
Customs - also known as Adat law , eg adat perpatih. adat temenggung