1. Public international law
2. Private international law
3. PRIVATE LAW
3.1. Legal action instituted by an individual against another
3.2. Eg. - contract law, company law
4. 2 types:-
5. CLASSIFICATION OF LAW
5.1. PUBLIC LAW
5.1.1. Deals and regulates between citizens and states
5.1.1.1. Eg. -constitutional law, edministrative law, criminal law
5.1.2. The legal action instituted by the state
5.2. INTERNATIONAL LAW
5.2.1. Principles and rules of conduct which states feel themselves bound to observe
6. LEGAL ASPECTS OF BUSINESS
6.1. BUSINESS FORM
6.1.1. To make sure that it suits the intentions of the entrepreneurs.
6.2. SOLE PROPRIETORSHIP
6.2.1. Can include individuals, groups of individuals, companies, and corporations, therefore partnerships are highly adaptable in form and can vary in complexity.
6.2.1.1. The same entity, the owner of a sole proprietorship has complete control over the business, its operations, and is financially and legally responsible for all debts and legal actions against the business.
6.2.2. The oldest, most common, and simplest form of business organization.
6.2.3. A business owned and managed by one person.
6.3. A business association of two or more persons.
6.4. PARTNERSHIP
6.4.1. Shares directly in the organization’s profits and shares control of the business operation.
6.5. CORPORATION
6.5.1. A business entity which is owned by an individual or group of individuals and they run a business that legally exists.
6.5.2. A lot of employment is generated by corporations and they have now a big impact on economic growth and the social development of any country that operates in the free market system.
6.6. RELEVANCE TO STUDENT COMPANY
6.6.1. The spreading of the potential business risks because of the large amounts of shareholders.
6.7. CONTRACTS WITH OTHER PARTIES
6.7.1. This will share the risks of entrepreneurs and business partners in the buying cycle.
6.8. LAWS AND TAXES
6.8.1. Should notify the Inland Revenue as soon as they know when their company plans to start business.
6.8.2. Starts as sole trader, a partnership, a limited partnership or a partnership under common firm, he or she can register the company for the Inland Revenue and the trade register at the same time.
6.8.3. A new business often pays more VAT in the beginning than it has actually charged.
6.8.4. New companies which have made investments in their business often receive money back following their first VAT return (Value Added Tax).
7. FUNCTION OF LAW
7.1. To govern the conduct of all members of society
7.1.1. Regulates and controls affairs of society
7.1.2. Regulates economic and social behaviour of society
7.1.3. A regulatory device for society to function through legislation and case-law
8. PERSUASIVE AUTHORITY
8.1. English cases are merely persuasive authority.
8.2. Cases and other sources of law that a court may consult in deciding a case, but need not follow in reaching its decision.
9. Magistrates court
10. It forms part of the law in Malaysia and it apply to the local circumstances
11. INTRODUCTION
11.1. WHAT IS LAW?
11.1.1. Law is a word that implies various things at various occasions.
11.1.2. The body of enacted or customary rules recognized by a community as binding.
11.1.3. Law may be defined as a rule of human conduct, imposed upon and enacted among members of a State.
11.2. LEGAL SYSTEM
11.2.1. A system of law that a country follows.
11.2.2. Malaysia adopt the English model, where many laws are not codified into statutes.
11.3. HISTORY
11.3.1. 1957: Independence Day
11.3.2. 1963: Sabah, Sarawak & Singapore marged in Malaya
11.3.3. 1965: Singapore seceded from Malaysia
11.3.4. Sabah & Sarawak are constitutionally entitled to preserve certain autonomy, institution and laws.
12. THE SOURCES OF MALAYSIAN LAW
12.1. WRITTEN LAW
12.1.1. Federal constitution
12.1.1.1. It establishes a constitutional monarchy.
12.1.1.2. Its a supreme law.
12.1.2. State constitution
12.1.2.1. 13 states of Malaysia has its own State Constitution
12.1.2.2. It concern state matters. E.g. land,agriculture,forestry,localgovernment and Islamic law.
12.1.3. Legislation
12.1.3.1. It enacted by Parliament and State Assemblies
12.1.3.2. E.g. Acts of Parliament, Ordinances, Enactment
12.1.4. Subsidiary legislation
12.1.4.1. It made by persons or bodies under powers conferred on them by Acts of Parliament or State Assemblies
12.2. E.g. rules and regulations, by-laws
12.3. UNWRITTEN LAW
12.3.1. English common law and equity
12.3.2. Judicial desicions of superior courts
12.3.2.1. Desicions made systematically according to doctrine of binding judicial precedent or rule of stare decisis
12.3.3. Local customs
12.3.3.1. Customs of local inhabitants
12.3.3.1.1. Malays
12.3.3.1.2. India
12.3.3.1.3. Chinese
12.3.3.1.4. Native in Sabah and Sarawak
13. COURT STRUCTURE
13.1. SPECIALISED COURTS
13.1.1. Juvenile court
13.1.2. Marital court
13.2. SUBORDNATE COURTS
13.2.1. Sessions court
13.2.2. Court for children
13.3. SUPERIOR COURTS
13.3.1. Federal court
13.3.2. Court of appeal
13.3.3. High court of Malaya
13.3.4. High court of Sabah and Sarawak