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EUT 440ENGINEERS IN SOCIETY
TOPIC 1: INTRODUCTION TOLAW FOR ENGINEERS
LECTURER:
DR. KHADIJAH MOHAMED2014
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OVERVIEW
Outline
INTRODUCTION TO MALAYSIAN LEGAL SYSTEM
CONTRACT LAW
LAW OF TORT
INTELLECTUAL PROPERTY LAW
EMPLOYMENT LAW
Objectives:
Explain the main concepts of law in Malaysia thatrelevant to engineering context.
Describe the basic principles of the law governing the
above topics.
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DEFINITION OF LAW
Oxford Dictionary: Law is the body of enacted
or customary rules recognized by a community
as binding.
WebstersDictionary: A binding custom/practiceof community ~ A rule or mode of conduct or
action that is prescribed or formality recognized
as binding by supreme controlling authority or
made obligatory by a sanction made.
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DEFINITION OF LAW
Sir John Salmond: the body of principles recognized
and applied by the State in the administration of
justice.
John Austin: acommand set by a superior being (state)
to an inferior being (individual) and enforced bysanction.
Thus, law is aset of rules, developed over a long period
of time that regulates interactions that people have
with each other, and whichsets standards of conductbetween individuals and between individuals and the
government and which are enforceable through
sanction.
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LAW AND ETHICS
Ethics refers to whatis rightand whatought to be,not simply accepting what is.
Aset of moral principles or values that governs the conduct of
an individual or a group. It sets standards ofgoodand bad
as opposed torightandwrong.
The purpose of law is to govern the conduct of all
members of society whilst ethics guides individuals in
ascertaining the soundness of rules and their impact
upon relationship.
What is lawful conduct is not always ethical conduct.
Legal behavior is not necessarily ethical behavior i.e the law may
permit something that would be ethically wrong.
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MAJOR LEGAL SYSTEMS
Civil law: based around a written codified body of laws.
A comprehensive system of rules and principles usually
arranged in codes and easily accessible to citizens and
jurists. Mostly in Continental Europe, Central and
South America.Common law: the body of laws and procedures created
by the judiciary (the judges) and applied via the doctrine
of precedent.
The bulk of the law is usually found in case law, butstatute is playing an increasing role. England and
almost all of British former colonies.
Religious law: based on religion teachings.
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CLASSIFICATION OF LAW
Public Law: Govern the relationship betweenindividuals and the state.
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
observed and consequently commonly do observed in
their relations with each other.
Private Law: Concerned with matters that affect the
right and duties of individuals amongst themselves.
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Classification of law
Public Law International LawPrivate Law
Constitutional Law(Rights of individuals
in the state)
Supremacy ofParliament
Right of Citizen
Federal & State
Power
Criminal LawCodifies the various offences
committed by individuals as
against the state.
Public Law Prevails between states
Treaty Law
Law of Sea
Inter. Criminal Law
Inter. Humanitarian Law
Private Law- Law governs conflict
between individual.
- Part of municipal law
Business LawTo protect personal interest
Law of Tort- Breach of General
Duty which imposed
by the law, and not
agreed between the
parties.
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MAIN SOURCES OF MALAYSIAN LAW
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SOURCES
Written Law
Federal & StateConstitution
Legislation EnactedBy Parliament &
State Assemblies
Subsidiary Legislation(Other Body eg:
Universities)
Unwritten Law
Principle of English Law Applicable toLocal Circumstances
(i) Common law (ii) Equity
Judicial Decision
Custom
Islamic Law
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COURTS AS A SOURCE OF LAW
2 basic distinctions:Trial v Appellate courts
Civil v Criminal courts
Trial courtshear case at first instance i.e to make a
ruling on the issues of fact and law. Appellate courtsreconsider the application of legal principles to a case
already heard by a lower court.
Civil courtshear those areas of law which govern the
relationship between legal persons eg. contract,employment, tort. Criminal courts hear those wrongs
which are sufficiently important for society to impose
certain penalties on the wrongdoer.
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MALAYSIAN COURT STRUCTURE
Art.121 (1A) FC
provides for dual
justice system:
Secular laws(Public and
Private)
Shariah laws
(only applicableto Muslims)
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