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1 - Principles of Law - Halim1

1 - Principles of Law - Halim1

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Law & Engineering Practice ECM517

Ir. Abdul Halim Bin Abdul Ghani

Principles of Law

COURSE INFORMATION
CODE COURSE LEVEL : ECM517 : LAW & ENGINEERING PRACTICE : Bachelor of Engineering (Hons.) Civil : 3.0

CREDIT UNIT

CONTACT HOUR : Lecture : 3.0 hrs/weeek PART : 07

Describe the various types of Laws State the sources of Law   . the student should be able to:  Discuss what is Law.Lesson Learning Outcomes  At the conclusion of this lesson.

SYLLABUS CONTENT .

The Malaysian Legal System 3. Contract Law 4. Malaysian Industrial Labour Law . Environmental Law 6. Local and Federal Authorities Regulations 5. Construction Safety and Health Law 7. Principles of Law 2.1.

What is Law? Law has many definition µThe written and unwritten body of rules largely derived from custom and formal enactment 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 µ A command set by superior being to an inferior being and enforced by sanctions (punishment)«¶ John Austin Law is not synonymous with Justice« .

What is Law?  Law is a system of rules that people are supposed to follow in a society or a country. laws are written and voted on by groups of elected politicians in a legislature.  Today in most countries.  To follow the laws of a society is to do legal things. . laws were written by leaders. such as a parliament or congress. An activity is illegal if it breaks a law or does not follow the laws. work and do business with each other. to set out rules on how people can live.  In ancient societies.

ruat coelum  ³Let justice be done. though the heaven falls´ . it is a moral value to which the law is a means towards its attainment  The famous latin legal phrase: fiat justitia.What is Justice?  Justice refers to fairness or rightfulness.

and then had it chiseled in stone for the public to see in the marketplace. These laws became known as the Codex Hammurabi. It has moral rules such as the Ten Commandments. . It was written in about 1280 BC. Ancient Egyptian law developed in 3000 BC. took ancient Babylonian law and organized it. In 1760 BC King Hammurabi.  The Torah from the Old Testament is probably the oldest body of law.History of law  The history of law is closely connected to the development of human civilisations. that tell people what acts are not permitted.

Law can be classified into public and private law. . An easy way to see how it operates in the legal system is to classify it in the light of its relationship.Classification of law Law regulates the citizen in their relations with the State (government) and with one another.

administrative law and criminal law.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. .

) .Public Law ± 3 types  Constitutional law defines the structure of governments can act and on human rights. (is used by the government to prosecute and punish people who break laws. punished.) government and the rights of inviduals under that government. (is used to create laws on how different levels of  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. if found guilty .)  Criminal law (familiar to most people) concerns those acts or omissions which are offences against the State and for which offender is liable to be tried and.

agency and commercial law. company. family. land.  It includes contract.  Legal action is normally undertaken at the initiative of the individual . tort.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. partnership. trust.

Private Law ± Types of  Contract law sets rules on agreements to buy and sell items and services. such as pension funds that people save up for their retirement.  Tort law helps people to make claims for compensation (repayment) when someone hurts them or hurts their property. .  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.

 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.Private Law  The party commencing an action is referred to as ³the plaintiff´ and the other party being sued is ³the defendant´. .

when King John was forced by his barons to sign a document called the Magna Carta. Over time it developed solid principles. Common law had its beginnings in the Middle Ages. except Scotland.The Common Law  Refers to law laid down by judges µjudge -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. . and the Canadian province of Quebec. which limited his authority to pass laws.

and Christian Canon law. Sharia law was the main legal system throughout the Muslim world.Religious law  Religious law is law based on religious beliefs or books. Examples include the Jewish Halakha. Islamic Sharia. the whole legal systems still base their law in Sharia law. In some Muslim countries such as Saudi Arabia and Iran. . Until the 1700s.

alcohol consumption and others .  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.Religious law .Islamic Law  Applicable only to Muslims and administered in the Syariah Courts. and limited criminal jurisdiction over offences by muslims against the religion such as not fasting in the month of Ramadan.

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 µNative¶ is found in the Federal Constitution and State law .

Sources of law The main sources of Malaysian law are:  Federal Constitution  13 Constitution of the States  Federal laws made by Parliament  State laws made by State Assemblies  Federal and state subsidiary legislation  Judicial decisions of the Superior Courts often referred to as µcommon law¶ or µjudgemade law¶ .

Sources of law ± contd..  Principles of English law suitable to local circumstances  Islamic law which is applicable to Muslims .

 The Rule of Law prevents dictatorship and protects the rights of the people. this is an example of the rule of law being followed.  It limits the powers a Government has.  "The 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." . as agreed in a country's constitution. "is better than the rule of any individual. even on themselves and their friends.  When leaders enforce the legal code honestly. wrote the ancient Greek philosopher Aristotle in 350 BC.

 In the case of an engineer the relevant fields of law are notably those of contract.Professional Engineers and the Law  Engineers like other professional people. health and safety law. procurement law. such as the Building Regulations. and the various statutory regulations. and the like . planning law. especially the standard forms of building contract. have a duty to acquire a working knowledge of the law as it affects their professional work .

He should then advise his client to obtain legal advice. he should himself instruct a barrister directly.Professional Engineers and the Law  An engineer is not expected to know all the law in the     relevant areas himself. . Alternatively. He is expected to know enough law to be aware of the circumstances in which specialist legal advice is needed. But he is expected to ensure that his client does not suffer from the absence of his own legal knowledge.

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? .

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