bawb1033 intro to mls topic 2 - classification of law

7/27/2019 BAWB1033 Intro to MLS Topic 2 - Classification of Law

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TOPIC 2

© 2007, Goldon Book Centre Sdn Bhd, Questions & Answers on Malaysian Courts, Statutes, Cases & Contract,

Tort and Criminal Law, by Nuraisyah Chua Abdullah.Reconstructed by NOOR MAIZUDIN BIN MOHAMAD NOOR, Faculty of Business Administration, UMTECH, 2012.



Classification of Law

Law has been classified into many categories.

One of the more commonly adopted ways is to classify law

into four broad divisions, namely, public law and private law,

national and international law (public and privateinternational law), substantive and procedural law and civil

and criminal law.




Public Law

Public law is basically the law, which governs the

relationship between individuals and the State. Public law

may be further subdivided into constitutional law,administrative law and criminal law.

Constitutional law lays down the rights of individuals in the

State. It deals with questions such as supremacy of

Parliament and rights of citizens.




Public Law

Administrative law lays down the powers and duties of local

authorities and provides the rules of accountability of public

officials.

The two parties involved in administrative law are the

citizens (individuals) and the State.




Public Law

Criminal law codifies the various offences committed by

individuals as against the State. It aims at punishing

criminals and suppressing crime. Thus, criminal law imposeson individuals the obligation not to commit crimes.

A crime is a wrong against the State for which punishment is

inflicted by the state, with the proceedings being brought by

the Public Prosecutor.




Private Law

Private law is concerned with matters that affect the rights

and duties of individuals amongst themselves. There are only

two disputing parties involved and those parties concerned

have the right of action in court. For example, a seller of aland breaches the contract of sale and purchase with the

purchaser of the land or a customer who slipped and fell in

the hotel owing to the slippery floor, and sues the hotel for

negligent.

Basically, private or civil law is intended to give

compensation to persons injured, to enable property to be

recovered from wrongdoers, and to enforce obligation

(contracts and trusts).




National Law

It is also known as municipal law, i.e. the law operative within

a particular state. All laws passed and practised in Malaysia

are national laws (i.e. domestic, municipal/local law).

For example, the law concerning contracts in Malaysia is

governed under the Contracts Act 1950 and the provisions of

criminal law in Malaysia are found in the Penal Code.

National law governs the relationship between the citizens in

a country.




International Law

International law may be defined as that body of law which is

composed for its greater part of the principles, and rules of

conduct which States feel themselves bound to observe intheir relations with each other.

It may be subdivided into two categories – public

international law and private international law. It deals with

the external relationships of a state with other states.




Public International Law

The law that prevails between the States is made up from

customs, practice of nations towards one another, over a

very long time and laws from treaties, conventions, etc.Public international law matters today are dealt with in the

International Court of Justice at the Hague, Holland.

Examples of disputes, which are dealt under international

law are the dispute revolving Sipadan and Ligitan Islands inSabah, the dispute on Batu Putih Island and the international

war tribunal where Serb army officers are being tried for the

atrocities in Bosnia.




Private International Law

Private international law or ‘conflict of laws’ as it is often

called is a part of municipal law, as a result of which in every

country, there will be a different version of it. It consists of therules that guide a judge when the laws of more than one

country affect a case.

Private international law can be seen in the area of personal

law, i.e. in family law matters, for example, parents of different nationalities claiming the custody of their children,

and in trade disputes concerning international contracts in

carriage of goods.




Substantive Law

Substantive law concerns the rights, duties, liberties and

powers of individuals. It comprises the legal rules and

principles which guide the courts in decision-making.

Under the Contracts Act 1950, contracts are voidable at the

option of the party whose consent was so caused under

section 19(1) if the contracts were entered due to coercion,

undue influence, fraud or misrepresentation.




Procedural Law

Procedural law concerns the procedures and evidence in the

enforcement of rights and duties.

The Criminal Procedure Code lays down the procedures to

bring an accused person to the court and the conviction

procedures. On the other hand, the Civil Procedure Code

outlines the procedures in a civil claim.




Criminal Law

A crime is a wrong against the State. The Public Prosecutor

prosecutes the accused person. The burden lies on the

Public Prosecutor to prove beyond reasonable doubt that anaccused person has committed the offence charged.

The function of criminal law is to punish the offender by way

of imprisonment, fine and/or caning.




Civil Law

It concerns disputes between individuals and individuals. In

civil law, the plaintiff sues the defendant and the burden lies

on the plaintiff to prove on the balance of probabilities thatthe defendant has committed the wrongful act.

The function of civil law is to provide remedies to the

aggrieved party, in the form of damages, specific

performances, injunction, etc.



The End

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