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Classificationoflaw 130316055450 Phpapp02
Classificationoflaw 130316055450 Phpapp02
Criminal Law
Private
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.
Govern the relationships between the citizens in a country Can be divided into two part:
National 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
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
Law of contracts
Law of torts
Law of property
Written Law
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
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