Legal forms

Law exam

Description
law
Categories
Published
of 8
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
  1.   Discuss Public Law. The diagram above shows the classification of law in Malaysia. Public law is basically the law which governs the relationship between individuals and the state. Public law can be subdivided into areas of law dealing with constitution law, administrative law and criminal law. Constitutional Law has been defined as the rules which regulate the structure of the principal organs of government and their relationship to each other, and determine their principal function. (defines the structure of government and the rights of individuals under that government.) This subject includes choice of monarch, the constitution of the legislature, the civil service, the police, the court of justice and voting rights. Administrative Law is defined as that body of legal principles which concerns the rights and duties arising from the impact upon the individual of the actual functioning of the executive instruments of government. (regulates the duties and exercise of powers by administrative authorities.) For example, administrative law determines the legal rights of a private citizen whose house a local authority intends to acquire compulsorily.  Criminal Law is the part of the law which characterizes certain kinds of wrongdoing as offences against the State such as murder, robbery, cheating and kidnapping and punishable by the State. Crime is defined as an act of disobedience of the law forbidden under pain of punishment. The punishment for crime ranges from death or imprisonment to a money penalty or absolute discharge. The police are the public servants whose duty is the prevention and detection of crime and prosecution of offenders before the courts of law. In criminal trial, the burden of proof to convict the accused rests with the prosecution, which must prove its case beyond reasonable doubt.  2.   Discuss Private Law Private Law (sometimes referred to civil law) regulates relationship between citizens and may be further divided according to the ways it regulates the relationship. (is concerned with matters that affect the rights and duties of individuals amongst themselves.) It includes contract, tort, trust, family, company and property law generally. There is no concept of punishment and give compensation to persons injured. The claimant sues the defendant. For example, the Sale of Goods Act 1957 regulates the sale of goods. It provides rules that must adhered to when making a sale. Should any disputes arise that covered by the Act, it is up to them to decide the matter themselves using rules laid down by legislation, the State does not get involved. Contract based on agreement. A contract is completed when both sides honour an agreement by carrying out their particular side of the bargain. The contract is the branch of private law which determines when a promise is legally enforceable. A contract must be an offer, express by the person (offeror) and unqualified acceptance, express by the person whom the offer is made to (offeree). The essential elements in a contract are offer, acceptance, capacity to contract, intention to enter into legal relations and consideration. Tort is based on obligations imposed by law. A tort is a civil wrong. It is breach of a general duty which is imposed by the law. The essential elements of a tort are that there must be an act or omission done intentionally and there must be resultant damage which is not remote. A trust governs relationship between trustees and beneficiaries. He may himself be one of the beneficiaries. Anyone of the beneficiaries may enforce the obligation.  3.   Discuss International Law. International Law is that body of law which composed for its greater part of the principles and rules of conduct which states feel themselves bund to observe and consequently commonly do observe, in their relations with each other. There are 2 categories if the international law which are public international law and private international law. Public international law is the law that prevails between states, whereas private international law (known as ‘’conflict of law’’) is part of municipal law.
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks