Law & Engineering

Practice
ECM 517

Principles of Law

Lesson Learning Outcomes

At the conclusion of this lesson, the student

should be able to:

Discuss what is Law.
Describe the various types of Laws
State the sources of Law

What is Law?
Law has many definition
The written and unwritten body of rules largely derived from custom and
formal enactment which are recognized as binding among those persons
who constitute a community or state, so that they will be imposed upon and
enforced among those persons by appropriate sanctions
Curzon
A command set by superior being to an inferior being and enforced by
sanctions (punishment)
John Austin

Law is not synonymous with Justice

What is Law?
Law is a system of rules that people are supposed to

follow in a society or a country.

To follow the laws of a society is to do legal things.
An activity is illegal if it breaks a law or does not
follow the laws.
In ancient societies, laws were written by leaders, to
set out rules on how people can live, work and do
business with each other.
Today in most countries, laws are written and voted
on by groups of elected politicians in a legislature,
such as a parliament or congress.

What is Justice?
Justice refers to fairness or rightfulness; it is a

moral value to which the law is a means

towards its attainment
The famous latin legal phrase: fiat justitia,

ruat coelum

Let justice be done, though the heaven falls

History of law
The history of law is closely connected to the development of

human civilisations. Ancient Egyptian law developed in 3000

BC. In 1760 BC King Hammurabi, took ancient Babylonian law
and organized it, and then had it chiseled in stone for the public
to see in the marketplace. These laws became known as the
Codex Hammurabi.
The Torah from the Old Testament is probably the oldest body of

law. It was written in about 1280 BC. It has moral rules such as
the Ten Commandments, that tell people what acts are not
permitted.

Classification of Law
Law regulates the citizen in their relations
with the State (government) and with one
another. An easy way to see how it operates
in the legal system is to classify it in the light
of its relationship. Law can be classified into
public and private law.

Public Law
Public law regulates the relationship between

the citizen and the state

It is further divided into areas of law dealing

with different types of matters affecting the

citizen-State relationship namely,
constitutional law, administrative law and
criminal law.

Public Law 3 types

Constitutional law defines the structure of

government and the rights of inviduals under that

government. (is used to create laws on how different levels of
governments can act and on human rights.)

Administrative law regulates the duties and

exercise of powers by administrative authorities

(is
used by ordinary citizens who want to challenge decisions made by
governments.)

Criminal law (familiar to most people) concerns

those acts or omissions which are offences against

the State and for which offender is liable to be tried
and, if found guilty , punished. (is used by the government to
prosecute and punish people who break laws.)

Private Law
Private law (sometimes referred to as civil

law) regulates relationship between citizens

and may further divided according to the
ways it regulates the relationship.
It includes contract, tort, trust, land, family,
company, partnership, agency and
commercial law.
Legal action is normally undertaken at the
initiative of the individual

Types of Private Law

Contract law sets rules on agreements to buy and sell

items and services.

Property law states the rights and obligations that a person

has when they buy, sell, or rent homes and buildings.

Trust law sets out the rules for money that is put into an

investment, such as pension funds that people save up for

their retirement.

Tort law helps people to make claims for compensation

(repayment) when someone hurts them or hurts their

property.

Private Law
The party commencing an action is referred to

as the plaintiff and the other party being

sued is the defendant.
The action is called civil proceeding and the
procedure governing it is quite different from
criminal proceeding which is a prosecution of
an offender for an alleged offence.
The law of contract is the most important
because it encompasses all sorts of
commercial and non-commercial transactions.

The Common Law

Refers to law laid down by judges judge -made laws

sitting in the Superior Courts as distinct from statute

law enacted by the legislation
It comes from England and it became part of almost
every country that once belonged to the British
Empire, except Scotland, and the Canadian province
of Quebec. Common law had its beginnings in the
Middle Ages, when King John was forced by his
barons to sign a document called the Magna Carta,
which limited his authority to pass laws. Over time it
developed solid principles.

Religious Law
Religious law is law based on religious beliefs

or books. Examples include the Jewish

Halakha, Islamic Sharia, and Christian Canon
law. Until the 1700s, Sharia law was the main
legal system throughout the Muslim world. In
some Muslim countries such as Saudi Arabia
and Iran, the whole legal systems still base
their law in Sharia law.

Religious Law - Islamic Law

Applicable only to Muslims and administered

in the Syariah Courts.

The power to administer Islamic law is
primarily that of the States (except KLWP and
Labuan).
The Syariah Courts possess civil jurisdiction
in proceedings between parties who are
muslims, and limited criminal jurisdiction over
offences by muslims against the religion such
as not fasting in the month of Ramadan,
alcohol consumption and others

Native Law
Personal law applicable to the natives of

Sabah and Sarawak

Natives are the indigenous people of these
two states and the legal definition of Native
is found in the Federal Constitution and State
law

Sources of Law
The main sources of Malaysian law are:
Federal Constitution
13 Constitution of the States
Federal laws made by Parliament
State laws made by State Assemblies
Federal and state subsidiary legislation
Judicial decisions of the Superior Courts
often referred to as common law or judgemade law

Sources of Law contd..

Principles of English law suitable to local

circumstances
Islamic law which is applicable to Muslims

Rule of Law
The Rule of Law is the law that says that Government can
only legally use its power in the way the government and
the people agree.
It limits the powers a Government has, as agreed in a country's constitution.
The Rule of Law prevents dictatorship and protects the rights of the people.
When leaders enforce the legal code honestly, even on themselves and their

friends, this is an example of the rule of law being followed.

"The rule of law", wrote the ancient Greek philosopher Aristotle in 350 BC, "is

better than the rule of any individual."

Professional Engineers and The Law

Engineers like other professional people, have a duty

to acquire a working knowledge of the law as it

affects their professional work
.
In the case of an engineer the relevant fields of law

are notably those of contract, especially the standard

forms of building contract, and the various statutory
regulations, such as the Building Regulations,
planning law, health and safety law, procurement law,
and the like

Professional Engineers and The Law

An engineer is not expected to know all the law in the

relevant areas himself.

But he is expected to ensure that his client does not
suffer from the absence of his own legal knowledge.
He is expected to know enough law to be aware of
the circumstances in which specialist legal advice is
needed.
He should then advise his client to obtain legal
advice.
Alternatively, he should himself instruct a barrister
directly.

Professional Engineers and The Law

An engineer will also want to know about the

areas of law which affect him or her

personally.

When can he be sued?

How can he sue for his fees?
When is copyright in his design protected?
How should he insure?
What is the legal relationship between him and
his employer, or between him and his
employees?