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COMMERCIAL LAW
CHAPTER 1: INTRODUCTION TO THE
MALAYSIAN LEGAL SYSTEM
Function of
Law
Classification
of Law
History &
development
of Law in
Malaysia
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
WHAT IS LAW???
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
a command set by a
superior being to an inferior
being and enforced by
sanctions (punishments)
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
DEFINITION
OF LAW
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
Conclusion
FUNCTION
OF LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
Maintain justice in
society
FUNCTION OF
LAW
CLASSIFICATIO
N OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
Privat
e Law
Internation
al Law
Law
FUNCTION OF
LAW
CLASSIFICATIO
N OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
Public Law
Constitutional
Law
Criminal Law
Private Law
International
Law
Contract Law
Public Law
Tort Law
Private Law
Trust Law
FUNCTION OF
LAW
CLASSIFICATIO
N OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
Public Law
Governs the relationship between individuals and the state
Constitutional Law
Lays down the rights of
individuals in state.
It deals with questions
such as supremacy of
Parliament and rights of
citizens
Criminal Law
Codifies the various
offences committed by
individuals as against the
state
The proceedings being
brought by the Public
Prosecutor
FUNCTION OF
LAW
CLASSIFICATIO
N OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
Tort Law
Based on
obligation
imposed by law
A tort is the
breach of a
general duty
which is
imposed by the
law, & not
agreed between
Trust Law
A trust is an
equitable binding
a person
(trustee) for the
deal with
property over
which he has
control (trust
property) for the
benefit of
FUNCTION OF
LAW
CLASSIFICATIO
N OF LAW
HISTORY &
DEVELOPMEN
T OF LAW IN
MALAYSIA
International Law
Body of law which is composed for its greater part of the
principles & rules of conduct which states feel themselves
bound to observe
Public Law
Deals with
relationship
between states
E.g. border,
territorial waters
etc.
Private Law
Concerned with the
application of various
national laws of the facts
of a particular case
involving 2 or more
countries.
Applicable to a marriage
between 2 different
nationals in a 3rd country
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPME
NT OF LAW
IN MALAYSIA
Source of Malaysian
Law
The legal sources, i.e. the legal rules that make up the law in
Malaysia
Written Law
1. Federal
Constitution
2. State
Constitution
3. Legislation
4. Subsidiary
Legislation
Unwritten Law
1. English
common law
& equity
2. Judicial
decision
3. Customary
law
Syariah Law
1. Al-Quran
2. Hadiths
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPME
NT OF LAW
IN MALAYSIA
Written Law
Also referred to as statute law. The courts are guided by:
Interpretation Acts, Extrinsic material, Common law, &
Precedent
Federal
Highest
law in
Malaysia
Sets out
legal
framework
& rights of
Malaysian
citizens
Parliamenta
ry
Laws
enacted by
Parliament
These laws
are
subjected
to the
Federal
Constitutio
State
State law
governing
laws in the
particular
state
Subsidiary
Order,
regulation,
notificatio
n, by-law,
proclamati
on that
have
legislative
effect
FUNCTION OF
LAW
CLASSIFICATI
ON OF LAW
HISTORY &
DEVELOPME
NT OF LAW
IN MALAYSIA
Unwritten Law
Unwritten rules, principles, and norms that have the effect and
force of law though they have not been formally enacted by the
government.
English Common
Law
Do not originate
from Malaysian
Law
Application of
English Law is
specified in the
statutes & only
apply when there
is no specific law
Judicial Decisions
Doctrine of
Binding
Precedent.
Decisions of
superior courts
binding on inferior
courts.
Inferior courts
must follow the
law made by
Customs
Also known as
Adat Law,
example Adat
Perpatih & Adat
Temenggung
COMPOSITIO
N&
APPOINTMEN
T OF JUDGES
HIERARCHY
OF LAW
COMPOSITIO
N&
APPOINTMEN
T OF JUDGES
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N&
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T OF JUDGES
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T OF JUDGES
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T OF JUDGES
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T OF JUDGES
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T OF JUDGES
COMPOSITIO
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T OF JUDGES
COMPOSITIO
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T OF JUDGES
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T OF JUDGES
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T OF JUDGES
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T OF JUDGES
HIERARCHY
OF LAW
COMPOSITIO
N&
APPOINMEN
T OF JUDGES
HIERARCHY
OF LAW
COMPOSITIO
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APPOINMEN
T OF JUDGES
HIERARCHY
OF LAW
COMPOSITIO
N&
APPOINMEN
T OF JUDGES
Q & A SESSION
The end