classification of law in Malaysia.

2. Constitutional
Law
Public law
Criminal Law
Public law
International
law
Law Private law
Private
Contract
Private Law
Tort
Trust

3. • Refers to the body of law based on custom and
general principles and that embodied in case law,
serve as precedent or is applied to situations not
covered by status
• Judges are not free to decide cases on the basis
of fairness but only on the basis of the
application of the law can lead to an unfair or
harsh result.
• The common law became rigid and unresponsive
to the needs of certain situation.

4. Equity
• The name given “Equity” is the set of legal principles in
countries following the English common law tradition,
which supplement strict rules of law where their
application would operate harshly, so as to achieve
what is sometimes referred to as “natural justice”
• It also means “fairness”
• Equity has been described as “a gloss [meaning a
supplement] on the common law, filling in the graps
and making the English legal system more complete
• In English Law, equity means that body of rules
originally enforced only by the court of chancery.

6. Govern the
All law passed in relationships
Malaysia are between the
national law citizens in a
country
Can be divided
Known as into two part:
municipal • Public law
law/state law • Private law
National
Law

7. International law
Body of law which is composed of the principles and rules of
conduct which states feel themselves bound to observe
May be subdivided into two categories:
Public International Law
Private International Law
Public international law
the law prevails between states and govern mutual relationships
of states inter se, particularly rules of war
Examples: Dispute revolving ligitan islands in Sabah.
Private International Law
Its rules are primarily concerned with determining what systems
of state law should properly be applied by our courts in cases
which contain some ‘foreign’ element
Example: family matter

9. Crime is defined as
Function of criminal
an act of law is to punish the
disobedience of offender by way of
the law forbidden imprisonment, fine
under pain of and/ or caning
punishment
Law that characterized The police are the public
certain kinds of servants whose duty is the
wrongdoings against prevention and detection of
the state, not crime and prosecution of
necessarily violating offenders before the courts
any right and Criminal of law
punishable by the state
Law

10. It includes law of contracts,
Civil law of tort, law of property,
law of succession and family
Law law
Concerns with rights and duties of
individuals towards each other
Function is to provide remedies to
the aggrieved party, in the form of
damages, specific performance,
injunction and quantum meruit

12. Public Law
Law that governs the
relationship between
individuals and the state
• Two categories of the public law:
• Constitutional law= lays down
the rights of individuals in the
state. Regulates the functioning
of organs of the central
governments
• Criminal law= codifies the
various offences committed by
individuals against the state.

13. Private Law
Concerned with matters that affect the rights and duties of individuals
amongst themselves
Also known as civil law
The branches of law which govern private obligations
Law of contracts Law of torts Law of property

15. Written Law It is the most important
source of law in Malaysia
• Federal
• Law constitution
enacted by • State
parliament legislation
or state
assemblies • Legislation
• Subsidiary
legislation

16. Unwritten law is found in
cases decided by the
courts, local customs
Law which is not being
enacted by the
parliament or state
assemblies and which is Unwritten
not found in the written
federal and state Law
constitutions
The unwritten law comprises of the
following:
-Principles of English law applicable
to the local circumstances
-Judicial decisions on Malaysian law
-customs of the local inhabitants,
which have been accepted as law by
the coutrs

19. Procedural
law
• Lays down the rules governing the manner in which a right
is enforced under civil law, or a crime prosecuted under
criminal law
• Concerns with the procedures & evidences in the
enforcement or rights & duties
• Procedural law governs the steps in the progress of the civil
legal action or criminal prosecution
• Example: the criminal procedure code and the civil
procedure code