...net/administrative-law/essays/sources-of-the-malaysian-legal-system-administrative-law-essay.php Sources Of The Malaysian Legal System These essays have been written by students for you to use to help you with your studies. If you need your own custom law essay then we can help.... Get a quote for your own law essay... Share & Download Malaysia practices the mixed legal system which includes the Common Law, Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arise from three significant periods in Malaysian history dating from the Malacca Sultanate, to the spread of Islam to Southeast Asia, and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. The Malaysian Legal System is based on English common law. The sources of Malaysian law means the legal rules that make the laws in Malaysia, which can be classified into written and unwritten law. Written law is the most important source of law. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. The written laws are much influenced by English laws as the Malaysian legal system retains many characteristics of the English legal system. The Written law includes the Federal Constitution, State Constitutions, Legislation and Subsidiary legislation. Malaysia is a Federation of thirteen States with a written constitution, the Federal Constitution, which is the supreme law of the country...
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...In Week one of Contemporary Business Law, Team “D” learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team D interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment. Substantive Law and Procedural Law Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011). The U.S. Constitution and the Fourteenth Amendment has applied the Bill of Rights to the states. There is a clause called Due Process that outlines certain procedural laws when the government could affect life, liberty, or property rights of an individual. If any part of the government has to interfere with an individual’s or business’s rights for instance, procedures are that they must give proper...
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...Learning Team Weekly Reflection Law/421 University of Phoenix In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment. Substantive Law and Procedural Law Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011). The Fourteenth Amendment of the U.S. Constitution applies the Bill of Rights to the states. The Due Process clause outlines procedural laws when the government affects an individual’s life, liberty, or property rights. If the government has to interfere with an...
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...DISCARDED? The “Postal Rule”, commonly known as the “Mailbox Rule” is a principle of contract law. This rule is different from the others, though, as it forms an exception to the general principles of the communication of acceptance. It originated in the English case of Adams v. Lindsell, in the year 1818. The postal rule in England states that a contractual offer, when sent by post, is considered accepted when it is sent-as opposed to when it is received by the receiving party. In India, though, the specifications of this rule are different. This rule has recently been at the heart of a lot of controversy, as it is believed that its applicability in today’s scenario is questionable and that the rule is archaic in nature. Writing this paper is of importance is because it is essential to understand whether such an exception is still applicable in a scenario wherein the technological advancements complicate our communication systems much more than the law-makers of those times would have deemed possible. Furthermore, this paper is written in the light of a comparative analysis between the contract laws of England and India. England, like India, is a common law country. Since India borrowed a large part of its systems from Britain, the foundations of legal functions in both the nations are very similar, making it is interesting to analyze how and why certain differences came up. In this essay, we first understand the basics of the rule in England, as opposed to what the rule is in...
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...Maritime Liens and the Conflict of Law - General Shipping and Regulatory Maritime Law Index 1. Purpose and plan of the essay page 3 2. Introduction 2.1 Origins of maritime liens page 3 2.2 Maritime liens page 3 3. Conflict of law page 5 4. The United Kingdom page 6 5. The United States page 8 6. Conclusion page 10 1. The purpose and plan of this essay I will start this essay with a first review of the background of maritime liens and their definition. After this, I will examine why there exist conflicts of law in maritime law. My purpose of this essay is to compare two states that are very different in their domestic maritime law in respect of maritime liens and the differences in recognizing foreign maritime liens. I have chosen to compare the domestic law in the United Kingdom with the United States because I feel that they are managing conflicts of law very differently from one another and I want to get a deeper knowledge in these states law. The American court recognizes foreign maritime liens while the United Kingdom do not; they apply the lex fori (i.e. their own law). This had caused a huge uncertainty in the right of the international ship suppliers. Because the states is so in-cohesive in this area of law I thought it would be interesting to compare these and see how they handle conflicts of law. I will bring out the weaknesses in the different systems and also the positive things. Finally, after this comparison I will...
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...CORPORATE LAW EXAM: strategies for revision It is important to prepare a good set of revision notes to assist you in your preparation for the Corporate Law exam. Please note that section numbers and page numbers may not be accurate. PREPARATION OF NOTES Make your notes as user-friendly as possible. • Summarise the law; divide into relevant areas (eg. transactions with shares prohibited by the Corporations Law: share buy backs; financial assistance; capital reductions; indirect self-acquisition...) • Similarly, summarise the relevant sections of Legislation in each area (eg - what is a variation of class rights? See s 246C) • in any summary, cross reference it to the relevant page in your notes • Index your notes with table of contents or "Flags". Practice using your materials in exam-type conditions When do the majority commit fraud on the minority in common law? ("An abuse of power whereby the majority secures an unfair gain at the expense of the minority") |Expropriation of company's property |Ratification of breach of directors' duty |Expropriation of members' property | | | | | |1. Wrong against the company [LH 554-555] |1. Wrong against the company [LH 555-557] |1. Wrong against minorty member [LH 557-558]| |2. Cases |2. Gen meeting has a wide power to ratify...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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...This essay tend to discuss this issue ' all laws in Australia are made by the federal parliament' . Based on the English legal system, the Australian legal system is known as a common law legal system, which are in widespread use, particularly in England. Under such a legal system, the law is derived from the courts and parliament. From the two sources of law making, this essay will relate the role of parliament in making laws, the division of law making powers in a federal system, the role of the common law in making laws to show how various parliaments and courts share the role of making law. Lastly, it will illustrate the relationship between the courts and parliament. Legislating is one of the important functions of parliament so parliament is one of the main primary sources of law in Australia. Section 1 of chapter 1 of the Australian Constitution defines the federal Parliament’s power to make laws: 'The legislative power of the Commonwealth shall be vested in a Federal Parliament' (Parliamentary Education Office, 2010). Thus, parliaments have the power to make new laws and update old laws and the laws made by parliament are called Acts of Parliament, statutes or legislation. The systems of laws in each State are influential on each other, but not binding. Laws passed by the Parliament of Australia apply to the whole of Australia. The distribution of law-making powers between the Commonwealth and the six States is often referred to as the division of powers. The Constitution...
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...In this essay, I will argue in agreement and disagreement with the statement. I partially agree with the statement, but not extensively because I will argue that English judges aren’t the solitary problem for the slow development of the law in relation to assisted suicide cases like Nicklinson, Bland, Pretty, Purdy, and Conway. The essay will be constructed of relevant domestic legislation, parliamentary involvement in the law and supranational authority over the Courts. Throughout the essay, I will include relevant judge’s judgments and academic commentary to provide interesting perspectives on why I am agreeing or disagreeing with the statement. Agreeing with the statement In agreement to the statement, English judges are too willing to impose artificial limits on their own power to change the law...
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...Subject Discipline/Course Number: Business Law BSAD C131-50 CRN: 50074 [->0] Instructor’s Name: Anthony (Tony) Damiano Class Day/Time/Class Room: On-line Contact: [->1] or (760) 371-0633 (AT&T Cellular Service) After Hours: Monday-Tuesday-Wednesday-Thursday-Friday-Saturday 4:30 PM to 9:30 PM (All times are Pacific Standard) General Course Information: It is every student’s responsibility to ensure proper enrollment or withdrawal from this class. You are responsible for your administrative issues. I am responsible for your education and participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course...
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...CONTEMPORY EMPLOYMENT RELATIONS EMPLOYEE-CONTRACTOR CASE Introduction: 148 There are a few different ways in which organisations can employ people. The two most common methods that businesses use are to employ people into the company as an employee or as a contractor. According to the IRS, under common-law rules, ‘anyone who performs services for an employer is an employee if the employer can control what will be done and how.’ On the other hand the IRS defines a contractor as ‘an individual is an independent contractor if the organization has the right to control or direct only the result of the work, not the means and methods of accomplishing the result.’ This case study will use the ‘multi factor test’ to explore and analyse the dilemmas identified in the case study. Precedent cases will be used to arrive at decision as to the employment relationship between Joseph Raphael (“the Plaintiff”) and Vincent Van Gallery (“the Defendant”). Body: 1100 Elements of a contract According to Lord Diplock in United Dominions Trust Ltd v Eagle Aircraft Services Ltd, “a bilateral contract is where each party undertakes to the other party to do or to refrain from doing something, and in the event of his failure to perform his undertaking; the law provides the other party with a remedy”. There are four main elements that create the backbone of a legally binding contract. The first requirement for a valid contract is an agreement, which consists of an 'offer' and an 'acceptance'...
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...BBC203 Business Law Ass. No. 2 Essay Q.1 Student No. 201212185 What is vicarious liability? Analyse the differences between contractors and employees and explain why these differences are important, in your answer you should consider the multi-factor test. Vicarious liability is a part of Tort law, which can be defined as the imposition of liability on a third party, such as an organisation or employer for the wrong actions, non-actions or negligence of an employee performing their employment duties on behalf of the organisation or employer. It is mostly a component of common law, set by a doctrine of judicial precedents but also involves civil law as vicarious liability falls under concurrent powers with its legislative power of the Parliament, shared between both federal and the states jurisdiction to pass statutes, legislations and Acts (Pendleton & Vickery, 2009). Vicarious liability can only be imposed with a standard of proof, ‘the balance of probabilities’, based on a multi-factor test rule, which includes the usual tests of negligence by the tortfeasor’s conduct, with a dispute process based on proving a ‘balance of probabilities’. To understand vicarious liability it is important to first outline the legal responsibility of an employer for the conduct of employee’s. Employers are responsible to actively contrive precautionary measure, such as policies, procedures and contractual boundaries to minimise the risk of an employee committing a wrongful act while within...
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...the courts deal with Constructive Trust in the Trust of the Family Home? – Is Constructive Trust governed by coherent guidelines or is it a mere fallacy? Scholastic research shows many attempts at defining a Trust . While this area of law has developed over the years, its purpose has always been to confer a benefit to a beneficiary for a specified purpose under the control of a trustee. A constructive trust is therefore not a ‘real’ trust by the traditional definition of a trust and often referred to as a legal fiction created by the courts as a remedy for unjust enrichment. According to Watts (2011), a constructive trust arises by operation of law where the facts are such that it would be unconscionable for an owner to deny that another...
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...HOW TO READ A LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr Copyright © 2007 Orin S. Kerr Second Series • Autumn 2007 Volume 11 • Number 1 Published by The Green Bag, Inc., in cooperation with the George Mason University School of Law. HOW TO READ A LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr† This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them. W I. WHAT’S IN A LEGAL OPINION? hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This † Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51 ...
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...Individuals tend to think of law as a body of institutions and rules that govern a society with the intention of maintaining social order, upholding justice and resolving disputes in the interests of the common good. However, any legal system must be more deeply founded than that if it is to last for long and operate effectively. This essay will explore concepts on the storied nature of law. In recognising that stories are an important part not only of individual understanding of the world, but also in interpreting the law, this essay will seek to expose the myth of objectivity in legal narratives by exploring the favouring of facts within stories of legal adjudication and interpretation. Stories are one way that individuals deal with their...
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