INTRODUCTION TO LAW

Introduction to Law

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INTRODUCTION TO LAW by Mind Map: INTRODUCTION TO LAW

1. Law which concerned with matters that affect the rights and duties of individuals amongst themselves

2. DEFINITION OF LAW

2.1. Oxford English Dictionary

2.1.1. “Body of enacted or customary rules recognised by a community as binding”

2.2. Sir John Salmon (Jurisprudence)

2.2.1. “Body of principles recognised and applied by the state in the administration of justice "

2.3. John Austin (The Province of Jurisprudence Determined)

2.3.1. “Law as a command set by a superior being to an inferior being and enforced by sanctions”

3. SOURCES OF LAW

3.1. Written Law (Formal Law)

3.1.1. I. The Federal Constitution

3.1.2. II. Legislation

3.1.3. III. Subsidiary Legislation

3.2. Unwritten Law (Unoffficial Law)

3.2.1. English Law (common law and equity)

3.2.2. Judicial Decisions (of High Court, Court of Appeal, Federal Court)

3.2.3. Customs

3.2.3.1. local inhabitants in Malaysia, generally, customs relating to family law

3.3. Islamic Law

3.3.1. Applicable only to Muslims

3.3.2. Administered by a separate system of Syariah courts

3.3.3. Sources of Islamic Law: Al-Qur’an, Sunnah, Ijma’, Qiyas

4. CLASSIFICATION OF LAW

4.1. Private Law

4.1.1. Example: Contract law, torts, trusts, company law, family law

4.2. Public Law

4.2.1. Law which governs the relationship between individuals and the State

4.2.2. Example: Constitutional Law, Criminal Law

4.2.2.1. Constitutional law deals with supremacy of Parliament and rights of citizen

4.2.2.2. Criminal Law codifies various offences committed by individuals against the State

4.3. International Law

4.3.1. Laws between states which consist of principles and rules of conduct

4.3.2. Example: United Nations-an international organization that promote international peace