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What is Law
A body of rules or general rule of conduct that is binding upon all citizens in a state
What is Law for
For guidance of human conduct
It is to attain justice in society and setting up procedures to resolve disputes
What will breaking Law do
Subjected to punishment / repercussion to ensure obidience
What is Morality
A set of standards that enables people to live in society.
Society determines what is right and what is an acceptable conduct.
Why do moral standards differ from societies
Politics
Traditions
History
Religion
Do violating moral standards result in formal punihsment?
No, result in social disapproval
What are the earliest compilation of laws
Undang-undang Melaka ( Laws of melaka)
Undang-undang Laut Melaka ( Maritime Laws of Melaka)
How many clauses did the Laws of Melaka consists of
44 clauses including - Maritime law
- Muslim marriage law
- Muslim law on sale
How many Colonial Powers were Malaysia under & who were they?
4 colonial powers
- British
- Japanese
- Portuguese
- Dutch
What are “Sources of Law”
Instruments that provides the authority for judicial decisions and legislation.
It consists of written law and unwritten law
Examples of written law
- Federal Constitution
- State Constitution
- Legislations
- Subsidiary Constitution
Examples of unwritten law
- Common law
- Customary law
what is the Federal Constitution
The Supreme Law of a federation that outlines the structure, powers and functions of the government and outlines the rights and responsibilities of citizens
What does the Federal Constitution covers
- Fundamental liberties
- Citizenship
- Structure and powers of legislature, executive & judiciary
- Division of powers between Federal and State governments
- Financial matters, elections and role of the monarchy
What is legislation
Written laws passed by a legislative body such as Parliament or State Assembly
Legislative body for Malaysia
Legislative body for Malaysia - Parliament
However, each state have their own - State Assembly
What is Common Law
Law developed by Judges through court cases, rather than written laws passed by the Parliament
What is Adversarial System
Common Law Legal system ( like malaysia)
Characteristics of Adversarial System
- System where both parties to a dispute present their cases before a trial judge
- Trial judge conducts the trial proceeding and determines what evidence is admissible
- Trial Judge must be an impartial umpire
- Trial judge would listen to presentation of both parties and determine the case at the end
- Previous decisions by Higher Courts are binding on lower courts
What is Inquisitorial System
Legal system used in european countries
Characteristics of Inquisitorial System
- Trial Judge plays an active role in trial
- Trial judge determines evidence or witness to be called
- Trial Judge who questions the witness
- Previous decisions are not binding, Trial Judge is free to determine each case independently