BM011!3!1 LEB S1 Sources.of.Law
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Transcript of BM011!3!1 LEB S1 Sources.of.Law
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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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BM011- 3-1 Legal Environment of Business Slide 3 (of 12)
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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BM011- 3-1 Legal Environment of Business Slide 4 (of 12)
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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BM011- 3-1 Legal Environment of Business Slide 6 (of 12)
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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Quick Review Questions 2
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.
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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)
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Quick Review Questions 3
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?
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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