Constitutional Law Public law

Criminal Law

Public law International law Law Private law

Private

Contract Private Law Tort

Trust

 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.

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.

All law passed in Malaysia are national law

Govern the relationships between the citizens in a country Can be divided into two part:

Known as municipal law/state law

National Law

Public law Private law

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

Crime is defined as an act of disobedience of the law forbidden under pain of punishment

Function of criminal law is to punish the offender by way of imprisonment, fine and/ or caning

Law that characterized certain kinds of wrongdoings against the state, not necessarily violating any right and punishable by the state

Criminal Law

The police are the public servants whose duty is the prevention and detection of crime and prosecution of offenders before the courts of law

Civil Law

It includes law of contracts, law of tort, law of property, law of succession and family 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

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.

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

Written Law

It is the most important source of law in Malaysia

Law enacted by parliament or state assemblies

Federal constitution State legislation Legislation Subsidiary legislation

Law which is not being enacted by the parliament or state assemblies and which is not found in the written federal and state constitutions

Unwritten law is found in cases decided by the courts, local customs

Unwritten Law

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

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