2. Lecture 1
By end of this lesson student should be able to:
Explain the term law
Explain different types of law
Importance of law
3. What is Law
It is a body of principles recognized and applied by the state in the
administration of justice i.e. rules recognized and acted on by the
courts of justice
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4. Introduction
• What is Law?
▫ Law may be defined as a body of RULES which are
ENFORCED by the STATE
▫ John Austin in his book “The Province of Jurisprudence
Determined” defined law as a command set by a
superior being to an inferior being enforced by
sanctions (punishment)
🞄Superior being – The State
🞄Inferior being – The individual
🞄Sanctions – Imprisonment, fines, damages,
injunctions or specific performance
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5. The concept of law
• Oxford dictionary – ‘the body of enacted or
customary rules recognized by a community as
binding’
• The aim of law is to attain justice in society
• Justice is an abstract idea of right and wrong,
fairness and equity
• Therefore, the aim of a given law is to encourage
the doing of what is right or just in a particular set
of circumstances.
6. Unethical
Ethics, Morals, and the Law
Morals
Principles of right
and wrong
Ethics
A set of moral
principles guiding
behavior and action
Laws
Binding codes of
conduct; formally
recognized and
enforced
Company Policies
Ethical
Ethical
Illegal
Legal
Unethical
but Legal
Ethical but
Illegal
Classification of Actions:
7. CLASSIFICATION OF LAW
LAW
PUBLIC
LAW
RELATIONSHIP
BETWEEN INDIVIDUAL
AND STATE
CRIMINAL
LAW
CONSTITUTIONAL
LAW
PRIVATE
LAW
RELATIONSHIP
BETWEEN
INDIVIDUAL
CONTRACT PUBLIC
INTERNATIONAL
LAW
RELATIONSHIP
BETWEEN
INDIVIDUALS
CONTRAC
T LAW
TRUSTS
8. Public Law
• The law which governs the relationship between
individuals and the State
• Subdivided into 2 categories : constitutional law
and criminal law
• Constitutional law lays down the right of
individuals in the State, supremacy of Parliament
and rights of citizen
• Criminal law codifies various offences committed
by individuals against the State such as murder,
cbt, forgery, theft, robbery etc.
• A crime is wrong against state for which
punishment is inflicted by state.
9. PUBLIC LAW
It governs the relationship between individuals and the state
i) Constitutional Law
Lays down the right of individual in the
state.
Deals with questions such as supremacy
of Parliament & rights of citizens
ii) Criminal Law
Codifies the various offences committed
by individual against the state.
10. INTERNATIONAL LAW
A body of law which is composed to lay down principles and rules of
conduct which the States feel themselves need to observes in regulating
the relationship with each other.
i) Public International Law
The law that prevails between States
ii) Private International Law
Consists of the rules that guide a judge
when the laws of more than one
country are involve in a case.
11. International Law
• Body of law which is composed for its greater part
of the principles and rules of conduct which States
feel themselves bound to observe in their relations
with each other.
• Divided to 2 categories : public international law &
private international law
• Public international law – between States
• Private international law or ‘conflict of laws’ –
between individuals, company – where laws of
more than one country affect a case.
12. International Law
• 2 main sources of international law that affect
business are :
i. Customary Rules of IL –international custom
and established practices between nations.
E.g. The UCP 600 (“Uniform Customs &
Practice for Documentary Credits”) - govern
the operation of letters of credit, issued by the
ICC , applies to international trade.
ii. Treaties & Conventions – Malaysia has ratified
may t & c, once ratified must act according to
it. E.g. UN t & c, TBT Agreement
13. Private Law
• Govern matters that effect the rights and duties
of individuals among themselves
• Basically to give compensation to person
injured, to enable property to be recovered from
wrongdoers, and to enforce obligations
(contracts and trusts)
• Tort is a civil wrong – breach of general duty
imposed by law, victim can claim for damages –
e.g. negligence, trespass etc
14. PRIVATE LAW
Concerned with matters that affect the rights and duties of individuals
amongst themselves.
i) Contract
ii) Tort
iii) Trust
15. Private law
Law of contract
A contract is an agreement between two or more persons which is legally
enforceable.
The is concern with determining which agreements are binding, the nature and
extent of obligation freely undertaken by parties and legal consequences of
breaking contractual promises.
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16. Private law
Law of tort
It is based on obligation imposed by law. It is the breach of a general duty which
is imposed by law. Any person whose legal rights are infringed may sue the
wrongdoer.
The essential elements of a tort that there must be an act or omission done
intentionally or negligently
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17. Structure of the Malaysian legal system
• Civil law
Private law
To settle dispute between individuals
No concept of punishment
Objective is to compensate the injured party
Burden of proof on claimant
Standard of proof is on the balance of probability
18. Structure of Malaysian legal system
Sued in court
If liable, compensation payable
Claimant and defendant
Personal action brought by the aggrieved party
Court may award damages or equitable damages.
19. Structure of Malaysian legal system
• Criminal law
• Public law
• A wrongdoer has broken the law
• A wrong done to the society
• Prosecuted in court
• If guilty then punished
• Community service, fine or imprisonment
20. Structure of Malaysian legal system
• Prosecution and accuse
• Burden of proof on the prosecution
• Need to prove beyond reasonable doubt
• Police will decide whether to prove
• The decision is reviewed by the crown prosecution service
21. 33
Categories Criminal Law Civil Law
Concerns Offences against the
state
Disputes between
private individuals
Purpose of the action To preserve order in the
community by punishing
offenders & deterring
others
T
o remedy the wrong
which has been
suffered
The parties A prosecutor
prosecutes a defendant
A plaintiff sues a
defendant
22. 34
Categories Criminal Law Civil Law
Standard of proof The prosecutor must prove
his case beyond a
reasonable doubt
The plaintiff must establish
his case on the balance of
probabilities
Decision A defendant may be
convicted if he is guilty &
acquitted if he is innocent
A defendant may be found
liable or not liable
Sanctions Imprisonment, fine Damages, injunction,
specific performance ,
rescission
Examples Murder, theft, drunken
driving, applying a false
trade description to goods
Contract, tort, trusts,
property law
23. Example of civil and criminal case
Civil case
Adorna Properties Sdn Bhd v Boonsom Boonyanit [2001] 2 CLJ 133
Criminal case
PP V Sunny Ang [1966] 2 MLJ 195
24. Why is Law important for society
The law is important for a society for it serves as a norm of conduct for citizens.
It was also made to provide for proper guidelines and order upon the behaviour for all citizens
and to sustain the equity on the three branches of the government.
It keeps the society running. Without law there would be chaos and it would be survival
25. Important function of Law
The most important function of the law is to defend us from evil.
Law protects our liberties and individual rights.
Laws help resolve disputes over a limited number of resources.
Law enforcement is also responsible for promoting the common good.
Law also plays a significant role in encouraging and helping people to do the right thing.
26. Law and Order
Laws, rules, and regulations maintain order in societies.
Without it, only you would be responsible for protecting yourself and your family.
But with law and order in place, you are not alone.
Even if someone violates your rights, you can sue them and get the justice you deserve.
