Constitutional
                          Law
       Public law
                      Criminal Law


                        Public law
      International
           law
Law                    Private law


                         Private


                        Contract
      Private Law
                           Tort


                          Trust
• 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.
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.
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
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
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
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
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.
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
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
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
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
Classification of law

Classification of law

  • 2.
    Constitutional Law Public law Criminal Law Public law International law Law Private law Private Contract Private Law Tort Trust
  • 3.
    • Refers tothe 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 namegiven “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 oflaw 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 definedas 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 lawof 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 thatgoverns 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 withmatters 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 isfound 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