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Classification of law

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Classification of law

  1. 1. Constitutional Law Public law Criminal Law Public law International law Law Private law Private Contract Private Law Tort Trust
  2. 2. • 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.
  3. 3. 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.
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. 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
  8. 8. 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.
  9. 9. 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
  10. 10. 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
  11. 11. 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
  12. 12. 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

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