Introduction to Legal System

Introduction to Legal System

• Law regulates human behavior and life
• It's created by authorities for a specific society
• Failure to follow the law results in sanctions imposed by the state

What is Law?

• A command that regulates human behavior and life
• Made by authorities and addressed to members of a society
• Requires actions or refraining from actions
• Sanctions are imposed for failure to comply

Definitions of Law

• Oxford Dictionary: A rule or body of rules established in a community, governing actions and prohibiting certain actions.
• Austin: A command of a sovereign backed by sanction.
• Salmond: A body of principles recognized by the state in the administration of justice.

Functions of Law

• Regulate human behavior
• Regulate the entire society in which it exists.
• Maintain law and order
• Maintain stability and promote harmony
• Reconcile conflicting human interests
• Distinguish between right and wrong
• Punish the wrongdoer
• Administer and maintain justice

Divisions of Law

• Criminal Law: Deals with wrongs against the state, community and public (e.g., theft, murder, rape).
  • Prosecutor prosecutes the defendant
  • Conviction leads to punishments
  • Burden of proof: beyond reasonable doubt
• Civil Law: Deals with rights and duties of individuals to each other.
  • Examples are contract law, tort law, family law, and property law
  • Plaintiff sues the defendant
  • Judgment for the plaintiff
  • Burden of proof: balance of probabilities

Types of Law

• Public Law: Concerns cases involving the state
  • Examples are criminal law, constitutional law, and administrative law
• Private Law: Concerns cases between individuals
  • Examples are contract law, tort law, and family law
• International Law: Deals with relationships between countries, and topics like war, peace-keeping and the United Nations,
• Municipal Law: Governs relationships between people of a particular country.

Common Law/Equity

• Common Law: Law common across England
• Created through customs and decisions of judges
• Not based on legislation
• Equity: A form of legal relief when common law remedies are inadequate.
• Based on fairness, reason, good faith and justice.

Legal Systems

• Body of rules operating in a particular society at a given time
• Includes the constitution
• Includes substantive and procedural law
• Shaped by the country's unique history

Malaysian Legal System

• Multi-racial country, legal system reflects the diversity

• Plural legal system integrating common law, Syariah Law & customary law

• Origin of Malaysian Laws traces back to (pre-Islamic period)

• 2000-3000 BCE and Hindu empires (1st to 13th century).

• Malay customs and influence from Hinduism/Buddhism

• Era of Islam changed the political and social structure.

• Hukum Kanun Melaka: A legal code prepared during Sultan Muzaffar Shah's reign

  • Contains 44 chapters, 18 with Islamic elements
  • Covers marriage, divorce, commercial transactions, evidence, criminal offences

• British Colonization reduced Islamic influence.

  • Introduction of English law directly and indirectly(Through various treaties)

• Development of protected and colonial states(East Malaysia.)

• Post WWII: Malayan Union established with the appointment of governors directly responsible to London.

  • Malay rulers lost sovereignty, non-Malays gained equal status.

• Formula developed to regain Malay Rulers' sovereignty.

  • Federal Legislative Council election in 1955

• Malaya gained independence in 1957

  • Formation of Malaysia in 1963 and separation in 1965.

Legal Pluralism

• Multiple legal systems within one geographic area, common in former colonies
  • Malaysia reflects this with different courts (civil, Syariah, native)

This quiz explores the fundamental concepts of law and its role in regulating human behavior within a society. It covers definitions, functions, and the importance of law in maintaining order and justice. Test your understanding of these critical legal principles.