Definition and Scope:

• Constitutional law establishes individual rights within the State.

• It addresses issues like Parliament's supremacy, citizen rights, and the division of state and federal powers.

Federal Factor in Malaysia:

• Malaysia's legal system incorporates federalism, dividing powers between national and regional governments.

• Federalism affects:

  • Legislative powers allocation.

  • Government arrangements.

  • The court system and bureaucracy structure.

Importance of a Constitution:

• Acts as the basic structure guiding political and legal systems.

• Regarded in legal theory as the fundamental law underpinning all other laws and institutions.

Definition and Purpose:

• Administrative law ensures efficient and convenient governance by regulating the operations of the government and its bodies.

Government Activities:

• Increased government activities have led to the introduction of numerous schemes aimed at improving living standards.

Dispute Resolution:

• Disputes often arise from the implementation of government schemes.

• Administrative law provides a framework to address complaints against decisions made by administrative agencies.

Definition and Purpose:

• Criminal law defines offences against the State, such as murder, theft, forgery, and robbery.

• Aims to punish criminals and prevent crime, obligating individuals to refrain from committing crimes.

Nature of Crime:

• A crime is a wrong against the State, with punishment enforced by the State through proceedings initiated by the Public Prosecutor.

Penal Code (Act 574):

• The Penal Code is a comprehensive law listing all criminal offences.

• It provides the definition of crimes and specifies the punishments for those proven guilty.

Legal Process:

• An accused is innocent until proven guilty.

• Prosecution must present sufficient evidence to prove guilt, usually gathered by the police based on victim reports.

After investigation, the Attorney General’s Chambers determines whether to proceed with prosecution.

Definition and Purpose:

• A contract is a legally binding agreement between two or more persons.

• Parties must fulfil their promises, and failure to do so may result in a breach of contract lawsuit.

Remedies for Breach of Contract:

• Compensation: Seek damages for losses suffered due to the breach.

• Specific Performance: Request the court to enforce the contract as agreed.

• Injunction: Prevent the other party from continuing to breach the contract.

Law of Contract:

• Determines when promises are legally enforceable.

Essential Elements of a Contract:

• Offer: A proposal to enter into an agreement.

• Acceptance: Clear agreement to the offer.

• Capacity: Both parties must have the legal ability to enter into a contract.

• No Defects in Consent: No mistakes, misrepresentation, or undue influence.

• Lawful Object: The purpose of the contract must be legal.

• Intention to Create Legal Relations: Both parties must intend to be legally bound.

• Consideration: Something of value must be exchanged between the parties.

Definition and Purpose:

• A tort is a breach of a general duty under the law, resulting in wrongs such as negligence, nuisance, and defamation.

• Victims can sue for compensation in the form of damages for loss, harm, or injury caused by the wrongdoer’s actions.

Requirements for a Tort Claim:

• An act or omission (intentional or negligent).

• Loss, harm, or injury caused by the act or omission.

• Damage must not be remote and must be linked to the wrongful act.

Main Types of Torts:

• Negligence:

  • Careless behavior causing harm or loss.

  • Requirements:

    • Duty of care owed by the wrongdoer.

    • Breach of that duty by unreasonable actions.

    • Foreseeable harm caused by the breach.

• Defamation:

  • Harmful publication lowering someone's reputation.

  • Forms:

    • Libel: Written defamation (e.g., newspapers, articles).

    • Slander: Spoken defamation.

  • Harm may include reputation damage, embarrassment, or financial loss.

• Trespass:

  • Wrongful interference with a person, land, or goods.

  • Types:

    • To Person: Battery, assault, or false imprisonment.

    • To Land: Interference with exclusive possession of land.

    • To Goods: Interference with personal property.

Characteristics of Tort:

• Based on a general duty imposed by law, not an agreement.

• Classified as a civil wrong, remediable by suing for unliquidated damages.

• Obligations arise automatically when legal rights are infringed.

Definition:

• A trust is an equitable obligation requiring a trustee to manage property (trust property) for the benefit of certain persons (beneficiaries or cestui que trust).

Key Features:

• The trustee has control over the trust property.

• Beneficiaries can include the trustee as one of the recipients of the benefit.

• Any beneficiary has the right to enforce the obligation.