MALAYSIAN LEGAL

SYSTEM
By: Dr. Hanira Hanafi

DEFINITION OF LAW
Layman-a general rule of conduct
Oxford English Dictionary- the body of enacted or
customary rules recognized by a community as binding.
Sir John Salmond- Jurispudence: the body of principles
recognized and applied by the State in the administration
of justice.
In a simple words- law may be defined as a body of
rules which are enforced by the State.

THE DIVISION/CLASSIFICATION OF LAW

Definition of Law: may be defined as a rule of human conduct,
imposed upon and enforced among, the members of a given
state.
There are two ideas underlie the concept of law
(a) order, in the sense of method system; and
(b) compulsion i.e. the enforcement of obedience to the rules
or laws laid down.

LAW IN RELATION TO JUSTICE

The aim of the law is to attain justice in society.
Therefore, the aim of a given law is to encourage the doing of
what is right or just in a particular set of circumstances.

The relationship between morality and law

Moral rules: Do not covet, do not defame the dead, do not be
arrogant
Moral and Legal rules: murder, fraud, theft
Legal rules: Parking offences, contracts by deed must be
signed sealed and delivered

Contd

LAW

MORALITY

LAW & MORAL

LAW
International law

Public law
(Individuals and the State)

(Law that prevails between States)

Public In. Law

Constitutional law

Private law
(Individuals inter se)

Private In. law

Contracts
(Rights and obligations that arise by agreement)

(Rights of individuals in the State)

Torts

(Offences against individuals)

(Offences against the State Obligations imposed on individuals)

Trust
(Relationship between trustee and beneficiary)

Classification of Law
Public and private law
Public law is concerned with the distribution and
exercise of power by the state and the legal relations
between the state and the individual.
Private law is concerned with the legal relationship
between individuals, such as the liability

Classification of Law cont

Criminal and Civil law
Criminal law is that part of the law which
characterizes certain kinds of wrongdoings as offences
against the state, not necessarily violating any private
right, and punishable by the state.
Civil law is concerned with the rights and duties of
individuals towards each other.

Crimes and Civil Wrongs

The distinction does not reside in the nature of the wrongful
act itself.
For example, if a railway signal man, to dumb forgetfulness a
prey, fails ton pull the lever at the right moment, and a fatal
accident occurs in the line.

Crimes and Civil Wrongs

1.
2.
3.

The carelessness may be regarded as sufficiently gross to

amount:
to the crime of manslaughter
and it is also the tort of negligence towards the victims of
the accident
and a breach of his contract with the railway executive to
take due care in his work.

Crimes and civil wrongs- Contd

The true distinction resides, therefore, not in the nature of

the wrongful act but in the legal consequences that may
follow it.
If the wrongful act (or omission) is capable of being
followed by what are called criminal proceedings that
means it is regarded as a crime (otherwise called as
offence). If it capable of being followed by civil
proceedings, that means it is regarded as a civil wrong.

Crimes and Civil Wrongs- Contd

Criminal and civil proceedings are in the normal case easily

distinguishable:

1.
2.
3.

the procedure different,

the outcome is different and
the terminology is different.

Crimes and Civil Wrongs- Contd

prosecutor prosecuting a
defendant, and the result of
the prosecution if successful
is a conviction, and found
guilty

a plaintiff (e.g. brings an

action against) a defendant.
The proceedings if
successful result in
judgment for the plaintiff,
and the defendant is liable

Crimes and Civil Wrongs- Contd

and the defendant may be
punished by one of a variety
of punishments ranging
from life imprisonment to a
fine, or else may be
released

and the judgment may

order the defendant to pay
to the plaintiff money, or to
transfer property to him, or
to do or not to do
something (injunction) or to
perform a contract (specific
performance).

The Examples of Civil Law

Law of trust is that a part of the law which determines the
devolution of property on the death of the former owner
Family law is that branch of the law which defines the rights,
duties, and the status of husband and wife, parent and child,
and other

Contd

Law of contract, dealing with that branch of the law which

determines whether a promise is legally enforceable and
what are its legal consequences

Law of tort. A tort is defined as a civil wrong for which the

remedy is a common law action for unliquidated (i.e
unspecified or unascertained) damages in which is not
exclusively the breach of a contract or breach of trust or
other merely equitable obligation. Examples of tort are:
nuisance, negligence, defamation and trespass