You are on page 1of 4

Laws are divided into several categories.

In public law, it is comparative to private

law, national law and international law, substantive law and procedural law. Islamic law is
also another branch of law
National law is a municipal law or a state law. It is operative within a particular state
and involve the relationship between citizens in a country. International law on the other
hand is composed of principles and rules of conduct which State feel themselves bound to
observe. It may be divided into two groups. Firstly, the Public International Law where
the law that prevails between States and governs mutual relationship of States. It dealt
with in the International Court of Justice in ague, olland. For e!ample , the dispute
revolving Sipadan and Ligitan Islands in Sabah. Secondly, the Private International Law
which is also called "conflict of laws#. Its rules are primarily concerned with determining
what system of state law should properly be applied by our courts in cases which contain
some "foreign# element such as cases regarding family matters which parents of different
nationalities claims custody of their children.
Public law involves an individual against the state. $here are two types of law under
public law which are constitutional law and criminal law . Constitutional law lays down
the rights of individuals in the State. It regulates the functioning of organs of the central
government. In addition, criminal law codifies the various offenses committed by
individuals against the State. Private law or also %nown as civil law concerned with
matters that affect the rights and duties of individuals among themselves. It is the
branches of law which govern private obligations for instance, the law of contract and
law of property.
Furthermore, Criminal law is a law which characterizes certain %inds of
wrongdoings as offenses against the State. It is not necessarily violating any private right,
and punishable by the State. Crime is defined as an act of disobedience of the law
forbidden under pain of punishment. $he function of criminal law is to punish the
offender by way of imprisonment, fine and&or caning. $he police are the public servants
whose duty is the prevention and detection of crime and prosecution of offenders before
the courts of law. 'esides that, Civil Law involves with the rights and duties of
individuals towards each other. It includes law of contract, law of tort, law of property,
law of succession and family law. $he function is to provide remedies to the aggrieved
party, in the form of damages, specific performance, in(unction and )uantum meruit.
*oreover, Substantive Law concerns with the rights, duties, liberties and powers of
individuals. It is the legal rules and principles, which guide the courts in decision+ma%ings.
$he Procedural Law involves procedures and evidences in the enforcement or rights and
duties. It lays down the rules governing the manner in which a right is enforced under civil
law, or a crime prosecuted under the criminal law. ,rocedural law governs the steps in the
progress of the civil legal action or criminal prosecution. For e!ample, the Criminal
,rocedure Code and the Civil ,rocedure Code.
$he dispute between Lisahani and -yu .nterprise concerns the private law as the
problems that they faced only concerns the private law as the problems that they faced
only concern the matters that affect the rights and duties of individuals among
themselves. In this suit, Lisahani that suffer inflammation and rashes after using the
cosmetic product by the company can ta%e legal action towards -yu .nterprise which is
owned by /atin Senah due to the breach duty of care. $he case can also be classified
under civil law as it concerns disputes between individual and individual i.e. between
Lisahani and -yu .nterprise. Similar to the ob(ective of private law, civil law that is
involved in this case also aims to provide remedies to the aggrieved party which is
Lisahani in this case.
Sazali, Lisahani0s husband on the other hand has the rights of action against /ato0
*izal. e could claim for damages due to the negligence of /ato0 *izal to ensure the
safety of the cosmetic product. $he suit falls under the category of private law and civil
law as the private law and civil law aim to give compensation to the person in(ured which
is in this case is Lisahani, Sazali0s wife.
1n top of that , /ato0 *izal can also claim for damages from Sazali because his
conduct of hitting him with a chair can be charged as battery which is a trespass to a
person . $his suit can falls under the category of private law and civil law as it concerns
with the rights and duties of an individual towards each other. owever, the act of Sazali
to hit /ato0 *izal with a chair would cause an action be ta%en against him under the
criminal law and thus criminal law falls under public law as the case involves the
relationship between an individual and the state. $he act is a crime and falls under public
law as it is a wrong against the State for which punishment is imposed by the State and
the proceeding is brought by the ,ublic ,rosecutor. $he function of criminal law is to
punish the offender which is Sazali in this case.
$he dispute between Lisahani and ,asti La%u ,roduction, a company from Indonesia
involves an international company, therefore, international law is involved. $his dispute
involve private international law as the problems that they faced only concern matters
that affect the rights and duties of individuals amongst themselves. Lisahani can file a
legal action against ,asti La%u ,roduction due to the breach of contract which also falls
under the civil law when they failed to fulfill their promise to pay a sum of 2* 34,444 as
a bonus for her.
Since all the disputes and problems occured in *alaysia, therefore, the national law
is involved. $he national law is also %nown as municipal law or the law operative within
a particular state. Lisahani0s right against -yu .nterprise and ,asti La%u ,roduction,
/ato0 *izal rights against Sazali and vice versa and the crime committed by Sazali
concerns the substantive law. $he substantive law provides the legal rules and principles
which guide the courts in decision+ma%ing.
In pursuing the case in the court, all the parties in the fact situation above must be
observe certain procedures. $herefore, the procedural law is involved in these cases. $he
Civil ,rocedure Code outlines the procedures in the civil cases in the fact situation above.
$he Criminal ,rocedure Code lays the procedures for the ,ublic ,rosecutor to bring
Sazali to court after being reported by /ato0 *izal.