Introduction to Malaysian Legal System

Vocabulary-style flashcards covering the key concepts, classifications, and sources of the Malaysian legal system according to the lecture transcript.

Law

A general rule of conduct or body of enacted or customary rules recognized by a community as binding; it refers to a set of rules regulating the conduct of society and standards of morally acceptable behavior.

Rule of Law

The principle that no person must be punished except for a breach of the law, all persons are equal before the law, and the rights or freedoms of citizens are enforceable in courts.

Public Law

A classification of law that governs the relationship between individuals and the state (government), including Constitutional Law and Criminal Law.

Private Law

Also known as civil law, it is concerned with matters that affect the rights and duties of individuals amongst themselves, such as Contract, Tort, and Trust.

Constitutional Law

A branch of public law that lays down the rights of individuals in the state and deals with the supremacy of Parliament and the rights of citizens.

Criminal Law

A branch of public law that codifies various offences committed by an individual against the state.

International Law

A system of treaties and agreements between nations that governs how nations interact with other nations, their citizens, and businesses.

Public International Law

Law concerning the relationships between nations, including standards of international behavior, laws of the sea, and human rights law.

Private International Law

Rules that guide a judge in controversies between private entities (people or corporations) when the laws of more than one country are involved in a case.

Federal Constitution

The supreme law of Malaysia which came into force in $1957$ and contains a total of $183$ Articles.

Article 4(1)

The provision in the Federal Constitution stating that it is the supreme law of the Federation and any law passed after Merdeka Day inconsistent with it shall be void.

Legislature

An assembly with the authority to make laws, which are usually known as primary legislation.

Executive

The part of government that enforces law and has responsibility for the governance of a state.

Judiciary

The system of courts that adjudicates legal disputes and interprets, defends, and applies the law.

State Constitution

A written document establishing a state and set out the structure and powers of the state government; each state in Malaysia has its own.

Legislation

Primary law made by Parliament.

Delegated Legislation

Also known as subsidiary legislation; it includes By-laws, Regulations, and Orders passed by the Executive via power delegated by a Parent Act.

Ultra Vires

A legal term used when delegated legislation is passed outside the scope permitted by the Parent Act, leading to judicial review.

Literal Rule

A statutory interpretation approach using the literal legal definition of words, as seen in Fisher v Bell ($1961$).

Golden Rule

An interpretation approach applied when the literal rule results in an absurd application, as seen in Re Sigsworth ($1935$).

Mischief Rule

An interpretation approach used to prevent 'mischief' resulting from a loophole in the law, as seen in Smith v Hughes ($1960$).

Stare Decisis

The doctrine of binding precedent where the decision of a higher court is binding on a court of lower hierarchy in cases with similar material facts.

Ratio Decidendi

The 'reason for deciding' in a case which binds future judges.

Obiter Dicta

Statements made by a judge that are not central to the decision and are therefore persuasive rather than binding.

Civil Law Act 1956

The statute that provides for the application of English common law and equity in Malaysia through Sections $3$ and $5$.

Syariah Law

Sacred law of Islam revealed through Prophet Muhammad, dealing with personal matters like family, property, and maintenance for Muslims.