bm011!3!1 leb s1 sources.of.law

8/10/2019 BM011!3!1 LEB S1 Sources.of.Law

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Legal Environment of Business

BM011-3-1

Sources of Law


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BM011- 3-1 Legal Environment of Business Slide 2 (of 12)

Topic & Structure of the lesson

Classification of law: public & private law;common law & equity; civil & criminal law

Sources of Malaysian law: written andunwritten


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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 legislationand case law; and

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


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Key Terms you must be able to use

If you have mastered this topic, you should beable 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 courtwhere facts are similar


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Quick Review Questions 1

Public or private law?

1- Ann decides to divorce her husband Billy after 10 yearsof marriage

2- Chong is given a parking ticket by the traffic police for

parking on double yellow lines3- 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 intoEddy who was crossing the road. As a result, Eddysustained head injuries

5- Garang picked up a magazine from a convenience store

and walked out without paying


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Slide 7 (of 12)

Public or private law? (contd)

6- Halim rents out his house to Lan and Lan refused tomove out when the tenancy expired

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

8- The Science & Technology Minister is introducing alaw on scientific research

9- Candy lashes out at her boyfriend in anger and brokehis arm

10- Darwin runs off with the money belonging to the

company he works for.



2- Sources of Law

Slide 8 (of 12)

Where do laws come from?

Parliament passes legislation, sometimesdelegates to other bodies

Judicial interpretation

Judicial precedent that bind lower courts

Influence of English Law: sections 3 & 5 of CivilLaw Act 1956

Other sources include: custom; academic writings& law reports; ASEAN membership;

international law (e.g. UN)




Slide 9 (of 12)

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 Malaysianlegal system?


10/12BM011- 3-1 Legal Environment of Business Slide 10 (of 12)

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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12/12BM011- 3-1 Legal Environment of Business Slide 12 (of 12)

Civil Justice Process

Next Session

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