Topic 1:

Principles of
Law 1
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

2
 WHAT IS LAW?

Law has many definition
The written and unwritten body of rules largely derived from custom
and formal enactment (The passing of a law by a legislative body) 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 , a threatened penalty for disobeying a law or rule)
-John Austin-
Law is not synonymous with Justice 3
 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/against a law.
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.
4
 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
5
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.

6
 CLASSIFICATION OF LAW

LAW

PUBLIC PRIVATE

Criminal Contract Property Trust Tort Land

Constitutional

Family Company Partnership Agency Commercial

Administrative

7
 (i) 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.

8
 3 Types of Public Law

Constitutional law
defines the structure of government and the rights of individuals 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
concerns those acts or omissions (mistakes resulting from neglect) which
are offences against the State and for which offender is liable to be tried
and, if found guilty, punished. 9

is used by the government to prosecute and punish people who break laws.
 (ii) 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.

Legal action is normally undertaken at the initiative

of the individual.

It includes contract, tort, trust, land, company,

partnership, agency and commercial law.
10
 Private Law

The party commencing an action is referred to as the
plaintiff (A person who brings an action in a court of law) 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.

11
Types of Private Law - 1

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. 12
 Types of Private Law - 2
(repayment) when someone
Tort law helps people to make claims for compensation
hurts them or hurts their
property.

(The area of law that covers the majority of all civil lawsuits. Essentially, every claim that arises in civil court with the exception of
contractual disputes falls under tort law. The concept of tort law is to redress a wrong done to a person, usually by awarding them
monetary damages as compensation.)
(Tort law can be split into three categories: negligent torts, intentional torts and strict liability. Negligent torts
encompass harm done to people generally through the failure of another to exercise a certain level of care (usually
defined as a reasonable standard of care). Accidents are a good example of negligent torts. Intentional torts, on the other
hand, refer to harms done to people intentionally by the willful misconduct of another, such as assault, fraud and theft.
Strict liability torts, unlike negligence and intentional torts, are not concerned with the culpability of the person doing
the harm. Instead, strict liability focuses on the act itself: if someone commits a certain act (say, producing a defective
product) then that person is responsible for the damages from that act regardless of the level of care exercised or their
intentions.) (e.g. assault, trespass, produce liability, fraud, conspiracy) (Tort law is one of the major divisions of the law. A
"tort" is a civil wrong, as distinguished from a crime. A crime is a public wrong. The law of torts is governed mainly by common
law principles.
What is a Tort? A tort is the breach of a legal duty which causes some kind of compensable injury or loss to person, property, or
rights. In general, four elements must coincide for an act or omission to constitute a tort on which a lawsuit can be based. These
elements are: (1) a legal duty owed by one person to another; (2) violation of the duty; (3) injury or loss to the plaintiff; (4) the
violation of the duty is the proximate cause of the injury or loss.)

13
 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. 14
 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.

15
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

16
 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

17
 SOURCES OF LAW

The main sources of Malaysian law are:
1) Federal Constitution
2) 13 Constitution of the States
3) Federal laws made by Parliament
4) State laws made by State Assemblies
5) Federal and state subsidiary legislation (Legislation (or "statutory law") is law
which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-
made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation")
(Legislation is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers.
Those who have the formal power to create legislation are known as legislators; a judicial branch of government will have the formal power
to interpret legislation (see statutory interpretation); the executive branch of government can act only within the powers and limits set by the law.)

18
Sources of Law contd..

6) Judicial decisions of the Superior Courts often
referred to as common law or judge-made law
7) Principles of English law suitable to local
circumstances
8) Islamic law which is applicable to Muslims

19
 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." 20
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.

21
 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.
22
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?

23
 Attorney General of Malaysia @
Peguam Negara Malaysia

Attorney General of Malaysia @ Peguam Negara Malaysia is the
chief legal adviser to the government of Malaysia.
He is also the Chief Public Prosecutor of the country.
Jurisdiction and duties of the Attorney General provided for in
Article 145 of the Constitution of Malaysia.
Block C3, Attorney General's Office, 62510 Putrajaya, Malaysia
http://www.agc.gov.my/
Portal AGC Bahagian Guaman
Guarantee all civil actions by or against the Government of
Malaysia is managed professionally and efficiently by ensuring a
high level of advocacy and ethical. 24
 Barrister (Advocate) Vs Solicitor

Barrister = advocate?

Solicitor = attorney?
Advocate -- A lawyer who pleads cases in court.
"peguambela

Solicitors -- A British lawyer who gives legal advice and

prepares legal documents. "peguamcara"

Peguambela adalah peguam yang berperanan membela kita apabila dicaj atau
disaman di mahkamah. Peguamcara membantu kita dalam hal-hal beli rumah atau
perjanjian perniagaan atau urusan-urusan kewangan.

Solicitors are British lawyers who advise clients, represent them in the lower courts, and
prepares cases for BARRISTERs (advocates) to try in higher courts. Solicitors were required
to engage a barrister as advocate in a High Court or above after the profession split in two.
(http://dictionary.lawyerment.com/topic/solicitor/) 25
 Advocate & Solicitor

Solicitors are attorneys, which means that they can act in the place of their client for legal purposes
(as in signing contracts) and may conduct litigation on their behalf by making applications to the court, writing
letters in litigation to the client's opponent, and so on. While the barrister speaks on the client's behalf in court,
he or she can do so only when instructed by a solicitor or certain other qualified professional clients, such as
patent agents.) (http://dictionary.lawyerment.com/topic/barrister/)

Barrister (Advocate)
(A barrister (also known as barrister-at-law or Bar-at-law) is a member of one of the two classes
of lawyer found in many common law jurisdictions with split legal professions. Barristers specialize in courtroom
advocacy, drafting legal pleadings, and giving expert legal opinions. They can be contrasted with solicitors the
other class of lawyer in split professions who have more direct access to clients, and may do transactional-type
legal work. Barristers are rarely hired by clients directly but instead are retained (or instructed) by solicitors to
act on behalf of clients. In some legal systems, a professional with similar responsibilities is called an advocate
(COUNSELOR).)

Litigation..An action brought in court to enforce a particular right. The act or process of
bringing a lawsuit in and of itself; a judicial contest; any dispute.
When a person begins a civil lawsuit, the person enters into a process called litigation.
26
 Solicitor

Solicitor, one of the two types of practicing lawyers in England, the
other being the barrister (advocate), who pleads cases before the court.
The solicitors carry on most of the office work in law. In general, a
barrister undertakes no work except through a solicitor, who prepares
and delivers the clients instructions to a barrister.
Solicitors confer with clients, give advice, draft documents, conduct
negotiations, prepare cases for trial, and retain barristers for advice on
special matters or for advocacy before the higher courts.
They have a right to act in all courts as the agents for litigation or
representatives of their clients, and they are deemed officers of the
court, but they may appear as advocates only in the lower courts.
Since their activities make up the greater part of the work of lawyers,
solicitors are many times more numerous than barristers. 27
 Barrister

Barrister, one of the two types of practicing lawyers
in England, the other being the solicitor.
In general, barristers engage in advocacy (trial work) and
solicitors in office work, but there is a considerable overlap
in their functions.
The solicitor, for example, may appear as an advocate in the
lower courts, whereas barristers are often called upon to
give opinions or to draft documents.
Only barristers may appear as advocates before the High
Court; they are known collectively as the bar.
28

Advocate => "peguambela

Solicitors => "peguamcara"

Prosecutors =>"pendakwa raya"

Commissioner for Oaths => Pesuruhjaya Sumpah

29