Essential Elements of the Malaysian Legal System

Practice flashcards covering the definitions, classifications, sources, and law-making processes of the Malaysian legal system.

Law (Salmond's definition)

The body of principles recognized and applied by the state in the administration of justice.

Formal control mechanism

A method to preserve social order through law and legislation.

Informal control mechanism

A method to control social order through ethical and moral guidance.

Public Law

The law which governs the relationship between individuals and the State, mainly concerning government operation and public organizations.

Constitutional Law

A branch of public law that lays down the rules relating to the organs of state and the rights of individuals within the State.

Criminal Law

A branch of public law that codifies various offences committed by individuals against the State.

Private Law (Civil Law)

Law which affects the rights and duties of individuals amongst themselves, aiming to provide compensation or enforce obligations.

Tort

A branch of private law based on obligations imposed by law, such as negligence, defamation, assault, or trespass.

Contract Law

A branch of private law dealing with agreements that have legal effect.

Trust

An equitable obligation binding a trustee to deal with property for the benefit of beneficiaries.

Public International Law

The body of law and rules of conduct that prevails between sovereign States.

Private International Law (Conflict of Laws)

The rules that guide a judge when the laws of more than one country affect a specific case.

Beyond reasonable doubt

The burden or onus of proof required in a criminal case.

Public Prosecutor (PP)

The government officer responsible for the prosecution of the accused person in a criminal case.

Balance of probability

The burden of proof in civil law, meaning it is more probable than not that the assertion is true.

Plaintiff

The party who initiates a lawsuit in a civil case; also known as the claimant.

Defendant

The party being sued in a civil case.

Appellant

The party who makes an appeal against a lower court's decision.

Respondent

The party who won in the lower court and is defending the original judgment against an appeal.

Federal Constitution

The supreme law of Malaysia, which came into force on August 31, 1957.

Reid Commission

The body that drafted the Malaysian Constitution in 1956, consisting of representatives from India, Britain, Pakistan, and Australia.

Act

A primary legislation enacted by the Federal Parliament.

Enactment

A primary legislation enacted by State Legislative Assemblies.

Ordinance

Laws enacted in Sabah and Sarawak, or laws made before independence or during an Emergency.

Subsidiary Legislation

Rule, regulation, or by-law made by an appointed authority under power conferred by an Act of Parliament or State Enactment.

Federal List

List of matters (such as external affairs, defense, and education) where only Parliament may make laws.

State List

List of matters (such as land, agriculture, and Islamic family law) where State Legislatures have the power to make laws.

Concurrent List

List of matters where both Parliament and State Legislatures may make laws, such as scholarship and protection of wild animals.

Residual Legislative Power

The power granted to State legislatures by Article 77 to make laws on matters not listed in the Federal, State, or Concurrent lists.

Common Law

Judge-made law laid down by judges sitting in superior courts as distinct from statute law.

Equity

A branch of law developed to reduce the harshness of common law by providing relief where strict rules granted unsatisfactory remedies.

Stare Decisis

A doctrine meaning "to stand by the decision," referring to the binding nature of judicial precedents from previous cases.

Syariah Law

A source of unwritten law applicable only to Muslims, based on the Quran, Sunah, Qias, and Ijma’ ulamak.

Adat Pepatih

A specific form of customary law found in West Malaysia.

Bill

A proposed or draft Act introduced in Parliament for consideration.

Money Bill

A Bill dealing mainly with taxes or the Consolidated Fund, which must be tabled first in the Dewan Rakyat by a Cabinet Minister.

Royal Assent

The approval given by the Yang di-Pertuan Agong to a Bill, which must be granted within 30 days.

Gazette

The official publication of a law before it is officially enforced.