Podcast
Questions and Answers
What is the burden of proof standard used in cases involving the state?
What is the burden of proof standard used in cases involving the state?
Which branch of law applies when one individual claims against another?
Which branch of law applies when one individual claims against another?
In which area of law does common law primarily operate?
In which area of law does common law primarily operate?
What type of relationship does international law primarily govern?
What type of relationship does international law primarily govern?
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What influences the Malaysian legal system?
What influences the Malaysian legal system?
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Which legal principle emphasizes fairness, reason, and justice as its foundation?
Which legal principle emphasizes fairness, reason, and justice as its foundation?
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In the context of Malaysia's historical legal development, what replaced Hindu and Buddhist influence?
In the context of Malaysia's historical legal development, what replaced Hindu and Buddhist influence?
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Which feature characterizes the Malaysian legal system?
Which feature characterizes the Malaysian legal system?
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What is a key characteristic of law as defined in the context of society?
What is a key characteristic of law as defined in the context of society?
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Which of the following is NOT a function of law?
Which of the following is NOT a function of law?
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What is the main distinction between criminal law and civil law?
What is the main distinction between criminal law and civil law?
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When a plaintiff is successful in a civil case, what is usually the outcome?
When a plaintiff is successful in a civil case, what is usually the outcome?
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How does Salmond define law?
How does Salmond define law?
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Which example best represents a criminal offense?
Which example best represents a criminal offense?
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What penalty could a defendant face in a criminal law setting?
What penalty could a defendant face in a criminal law setting?
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Which statement best describes the role of a prosecutor in criminal law?
Which statement best describes the role of a prosecutor in criminal law?
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What was a significant legal document prepared during the Malacca Sultanate that included Islamic elements?
What was a significant legal document prepared during the Malacca Sultanate that included Islamic elements?
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Which chapter topics were included in Hukum Kanun Melaka?
Which chapter topics were included in Hukum Kanun Melaka?
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How did British colonization affect the influence of Islamic law in the region?
How did British colonization affect the influence of Islamic law in the region?
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Which treaties marked the intervention of British colonization in the Malay states?
Which treaties marked the intervention of British colonization in the Malay states?
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What was one outcome of the Malayan Union established after World War II?
What was one outcome of the Malayan Union established after World War II?
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What was introduced alongside British colonial governance that affected local laws?
What was introduced alongside British colonial governance that affected local laws?
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Which Sultanate did the influence of Malacca Sultanate spread to after its decline?
Which Sultanate did the influence of Malacca Sultanate spread to after its decline?
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What was the role of James Brooke in the context of British colonization in East Malaysia?
What was the role of James Brooke in the context of British colonization in East Malaysia?
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Study Notes
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
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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
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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
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Public Law: Concerns cases involving the state
- Examples are criminal law, constitutional law, and administrative law
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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
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Multi-racial country, legal system reflects the diversity
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Plural legal system integrating common law, Syariah Law & customary law
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Origin of Malaysian Laws traces back to (pre-Islamic period)
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2000-3000 BCE and Hindu empires (1st to 13th century).
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Malay customs and influence from Hinduism/Buddhism
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Era of Islam changed the political and social structure.
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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
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British Colonization reduced Islamic influence.
- Introduction of English law directly and indirectly(Through various treaties)
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Development of protected and colonial states(East Malaysia.)
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Post WWII: Malayan Union established with the appointment of governors directly responsible to London.
- Malay rulers lost sovereignty, non-Malays gained equal status.
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Formula developed to regain Malay Rulers' sovereignty.
- Federal Legislative Council election in 1955
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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)
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Description
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.
