Legal Environment of Business

BM011-3-1
Sources of Law

Topic & Structure of the lesson

Classification of law: public & private law;

common law & equity; civil & criminal law

Sources of Malaysian law: written and

unwritten

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Learning Outcome
At the end of this lesson, you should be able to:
Outline in general the distinction between civil

and criminal law;

Identify and describe the characteristics of the
primary sources of law, namely legislation

and case law; and

Identify the historical effect of English Law on
the Malaysian legal system.

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Key Terms you must be able to use

If you have mastered this topic, you should be
able to use the following terms correctly:
Legislation- law made by Parliament
Judicial Precedent- case laws decided by a
higher court and followed by a lower court
where facts are similar

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1- The nature of law

Why is law necessary?
Law may be classified into:
public law & private law;
common law & equity;

civil law & criminal law; and

substantive and procedural law.

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Quick Review Questions 1

Public or private law?
1- Ann decides to divorce her husband Billy after 10 years
of marriage
2- Chong is given a parking ticket by the traffic police for
parking on double yellow lines

3- Diane returns a blender to a shop where she bought it

but the shop manager refuses to give her a refund
4- Elly was speeding in her car when she knocked into
Eddy who was crossing the road. As a result, Eddy
sustained head injuries
5- Garang picked up a magazine from a convenience store
and walked out without paying
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Quick Review Questions 2

Public or private law? (contd)
6- Halim rents out his house to Lan and Lan refused to
move out when the tenancy expired

7- Aida is fired from her job as a waitress when she

became pregnant
8- The Science & Technology Minister is introducing a
law on scientific research
9- Candy lashes out at her boyfriend in anger and broke
his arm
10- Darwin runs off with the money belonging to the
company he works for.
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2- Sources of Law
Where do laws come from?
Parliament passes legislation, sometimes

delegates to other bodies

Judicial interpretation
Judicial precedent that bind lower courts
Influence of English Law: sections 3 & 5 of Civil

Law Act 1956

Other sources include: custom; academic writings

& law reports; ASEAN membership;

international law (e.g. UN)
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Quick Review Questions 3

Which body passes a statute?
What is a delegated legislation?
What is the doctrine of judicial precedent?
Ratio decidendi & obiter dicta: which is binding &

which is persuasive?
What is the effect of English law on the Malaysian

legal system?

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Summary of Main Teaching Points

Purpose of law
Classification of law: civil & criminal
Written & unwritten sources of Malaysian law
The English Law influence

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Question and Answer Session

Q&A
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Next Session

Civil Justice Process

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