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INSTITUTE
LAW 243
COMMERCIAL LAW
COURSE OUTCOME
CHAPTER 1
MALAYSIAN LEGAL SYSTEM
1.1 Definition of law
1.2 Classification of law
1.3 Sources of Malaysian law
1.4 Judicial system in Malaysia
LESSON OUTCOME
By the end of this chapter, students should be able to:
1.Define the word law
2.Know the classification of law and its components in brief
3.Identify the sources of Malaysian law
4.Understand the judicial system in Malaysia
SUBTOPIC 1:
DEFINITION OF LAW
1.1
Activity:
Brainstorm
Definition of law
What comes to
your mind when
you heard the
word
Law?
CONTINUE
> Oxford Dictionary:
The system of rules which a
particular country or
community recognizes as
regulating the actions of its
members and which it may
enforce by the imposition
penalties.
CONTINUE
> Sir John Salmond
(1862-1924):
The body of principles
recognized and applied by
the state in the
administration of justice.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
SUBTOPIC 2:
CLASSIFICATION OF LAW
1.2
Classification of law
LAW
Public law
(individual+state)
Constitutional
law
Criminal
law
International law
(state+state)
Public
international
law
Private
International
law
Private law
(individual+individual)
e.g. Law of
contract
e.g. Law
Of trust
CONTINUE
Public law :
The law which governs the relationship between individuals and the
state.
Public law may be further subdivided into two categories i.e.
constitutional law and criminal law.
Constitutional law lays down the rights of individuals in the state. It
deals with questions such as supremacy of Parliament and rights of
citizens. It also covers areas dealing with state and federal powers.
Criminal law codifies the various offences committed by individuals
against the state. A crime is a wrong against the state for which
punishment is inflicted by the state.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
10
CONTINUE
International law:
The law which governs the relationship between state and
state.
It may be subdivided into two categories:
1. Public international law
2. Private international law.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
11
CONTINUE
Private law:
Private law concerned with matters that affect the rights and
duties of individuals amongst themselves.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
12
SUBTOPIC 3:
SOURCES OF MALAYSIAN LAW
13
1.3
B.
C.
LAW 243 COMMERCIAL LAW
A.
1.
WRITTEN LAW
Federal Constitution:
- Supreme law of Malaysia
- Provides the powers of the
Federal & State Governments
- Provides fundamental
rights of individual
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
15
CONTINUE
2.
State Constitution:
- Regulates State Governments
- Contains provisions derived from 8th schedule of the
Federal Constitution
3.
Legislation:
- enacted by Parliament and the state assemblies
Act: laws made after 1957
Ordinances: - laws made 1946-1957
- laws in Sarawak
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
16
CONTINUE
4.
Subsidiary legislation:
- Laws made under any Acts, Enactments or
Ordinances
- Very important because specify the laws in more detail
and for everyday matters
- Example:
Parent Act (main law) : Hire-Purchase Act 1957
Subsidiary Legislation : Hire-Purchase
(Repossession) Regulation
- Subsidiary legislation made in contravention of either
parent Act or the Constitution is void.
17
B.
1.
UNWRITTEN LAW
English law:
- Applicable in the absence of local laws
- Suitable to local circumstances
English Commercial Law?
Section 5(2) of the Civil Law Act 1956, English commercial law
applies to Penang, Malacca, Sabah & Sarawak
If no local laws applicable
Today, many local laws dealing with commercial matters
e.g. Contracts Act 1950, Partnership Act 1961, Companies Act
1965
18
CONTINUE
2.
Judicial decisions:
- Judges decision
- Doctrine of binding precedent :
Not decide cases arbitrarily- must follow precedents
(previous decisions of similar situations). Each court is
bound by the decisions of courts of the same level or
higher than it in the same hierarchy of courts, whether or
not it believes a decision is correct.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
19
CONTINUE
3.
Customary law:
- Customs practiced by local people
- Generally, customs relating to family law are given
legal force by courts in Malaysia-marriage, divorce,
inheritance
- Sabah and Sarawak: native customary laws apply
- Peninsular Malaysia:
Adat Perpatih - Malays in Negeri Sembilan & Naning in
Melaka
- land, lineage, election of rulers
Adat Temenggung - many states
- from Palembang, Sumatra
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
20
C.
ISLAMIC LAW
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
21
SUBTOPIC 4:
JUDICIAL SYSTEM IN MALAYSIA
22
ASSIGNME
NT
1.4
Native Court
Sessions Court
Syariah Court
Session Court
Juvenile Court
Magistrates Court
Juvenile Court
Magistrates Court
Penghulus Court
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.
23
QUIZ
1.
2.
24
CONTINUE
3.
4.
25
CONTINUE
5.
6.
26
CONTINUE
7.
8.
9.
27
THANK YOU!
28