classificationoflaw-130316055450-phpapp02

8/13/2019 classificationoflaw-130316055450-phpapp02

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Law

Public law

ConstitutionalLaw

Criminal Law

International

law

Public law

Private law

Private Law

Private

Contract

Tort

Trust


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Refers to the body of law based on custom andgeneral 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 theapplication of the law can lead to an unfair or

harsh result. The common law became rigid and unresponsive

to the needs of certain situation.


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Equity

The name given Equity is the set of legal principles incountries following the English common law tradition,which supplement strict rules of law where theirapplication would operate harshly, so as to achievewhat 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 grapsand making the English legal system more complete

In English Law, equity means that body of rulesoriginally enforced only by the court of chancery.


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National

Law

Known asmunicipal

law/state law

All law passed inMalaysia arenational law

Govern therelationshipsbetween thecitizens in a

country

Can be dividedinto two part:

Public law

Private law


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International law

May be subdivided into two categories:

Public International Law

Private International Law

Public international law

the law prevails between states and govern mutual relationshipsof states inter se, particularly rules of war

Examples: Dispute revolving ligitan islands in Sabah.

Private International LawIts rules are primarily concerned with determining what systems

of state law should properly be applied by our courts in caseswhich contain some foreign element

Example: family matter

Body of law which is composed of the principles and rules ofconduct which states feel themselves bound to observe


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CivilLaw

It includes law of contracts,law of tort, law of property,

law of succession and familylaw

Function is to provide remedies tothe aggrieved party, in the form of

damages, specific performance,injunction and quantum meruit

Concerns with rights and duties ofindividuals towards each other


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Public Law

Law that governs therelationship between

individuals and the state Two categories of the public law:

Constitutional law= lays downthe rights of individuals in thestate. Regulates the functioningof organs of the central

governments Criminal law= codifies the

various offences committed byindividuals against the state.


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The branches of law which govern private obligations

Law of contracts Law of torts Law of property

Also known as civil law

Concerned with matters that affect the rights and duties of individualsamongst themselves

Private Law


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Written Law

Lawenacted by

parliamentor stateassemblies

It is the most importantsource of law in Malaysia

Federalconstitution

Statelegislation

Legislation

Subsidiarylegislation


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Lays down the rules governing the manner in which a rightis 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 civillegal action or criminal prosecution

Example: the criminal procedure code and the civilprocedure code

Procedural

law


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