LAW60104 Lecture 1 Intro to Malaysian Legal System.pptx

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Taylor's University Undergraduate Business Programmes Business Law (LAW60104) Lecture 1 Introduction to Business Law & The Malaysian Legal System
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Required Reading Adnan Trakic, Nagiah Ramasamy, Cheah You Sum, et al, 2014 Law for Business Sweet & Maxwell. Lee Mei Pheng & Ivan Jerone Detta, 2014, Business Law, 2 nd edition Oxford University Press Abdul Majid bin Nabi Baksh & Krishnan Arjunan, 2005, Business Law in Malaysia, Lexis Nexis, Malayan Law Journal Wan Arfah Hamzah, A First Look at the Malaysian Legal System, 2009, Oxford Fajar 6/5/18 Prepared by: Ambikai S T Singam 2
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Contents Dual legal System in Malaysia Syariah and Secular Law Classification of Law Public & Private Law Civil & Criminal Law Courts and Dispute Resolutions Hierarchy of Courts Tribunals, Mediation Bodies, Arbitration Syariah Courts 6/5/18 Prepared by: Ambikai S T Singam 3
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What is Law? body of ‘rules of behaviour’ a particular society accepts as appropriate for its own self- governance. 6/5/18 Prepared by: Ambikai S T Singam 4
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Function of laws Permit, modify or prohibit people’s activities within society Give people & businesses rights and responsibilities Regulate society’s behavior. some acts both morally and legally wrong e.g. murder, thef some acts legally wrong - not morally wrong e.g. parking at no parking zone, making illegal u-turn, speeding, smoking in restaurant 6/5/18 Prepared by: Ambikai S T Singam 5
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Dual legal System in Malaysia - Syariah Law Syariah Law for those who profess the Islamic faith. Limited to matrimonial, family matters and inheritance. Syariah Laws enacted by the state and enforced by the Syariah Courts of each state. 6/5/18 Prepared by: Ambikai S T Singam 6
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Secular Law Secular Law classified as – 1. Civil/Criminal Law Civil Law – confers rights of enforcement on individual if breached by another individual in court to get remedy. (Plaintiff –v- Defendant) Criminal Law – regulates social behavior - when crime committed, state enforces law to punish offender. State (AG/ Prosecutor) -v- individual. 6/5/18 Prepared by: Ambikai S T Singam 7
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Secular Law 2. Public Law – governs individual and state e.g. Constitutional/Administrative Law, Criminal Law. - Administrative law – regulates duties & powers of administrative authorities. - Constitutional Law – defines structure of government and rights of individuals in state – found mostly in Federal Constitution. Ex: freedom of speech. - Criminal Law – laws against commission of offences or crime. Imposes punishment, prosecuted by sta te. 6/5/18 Prepared by: Ambikai S T Singam 8
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Secular Law Private Law – affects rights & duties of individuals amongst themselves e.g.
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