Bussiness Law

In: Business and Management

Submitted By 526650564w
Words 762
Pages 4
Q1.Civil law and criminal law:
(A):civil law: the legal action is taken by an individual who suffered loss or harm .burden of proof in civil law to balance of probability .plaintiff(people who suffer)defender(people who do the the threat) 2.criminal law: crime where the offeree against the state. burden of proof is beyond reasonable doubt. public prosecutorial(state)
(b):Sources of Malaysian legal system: Low is set of legal principles or rules that govern human contract. source of law can be in two type literary and historical, literary sources are official written sources of law such as law reports and statutes. for literary sources is mainly from three sources which is federal constitution. state constitution and lastly legislation. For the law in Federal constitution it will be apply to the whole country which we can call it supreme law and state constitution will only apply to the particular state. legislation mean the law made by a parson or body which has power to make law .historical source are emphosise the development of the law. historical sources mainly comprised of English law., judicial decision and custom. the English law is adopted as they were suitable to local law conation. For example section 3 at the covil law act,1950 Judicial decision also call cases law ,In judicial decision judge will reter to the particular set df circum stances is binding other court in later cases where the relevant fact are the same of similar.
Q2. (A)Judicial precedent:is the system adopted by judges of following similar decisions in the prerious cases.this is call the doctrine of judicial precedent.precedent are decisions made by judges previously in similar situation.if the precedent was set by a court on equal or higher status court deciding the new case then the judge in the present case should follow the rule of law establish in the earlier.Obiter dicta:are…...

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