b) criminal law and civil law
Generally, law in Malaysia can be divided into two which are criminal law and civil law. The aims of criminal law in Malaysia includes to protect persons or property, suppress anti-social behaviour and punish the offenders by the State presented by the Public Prosecutor or Attorney General. The parties in criminal law are Public Prosecutor or General Attorney V the Defendant in the court of criminal jurisdiction where the defendant will plead guilty or not guilty. The source of this criminal law is from Statute-based Penal Code. The burden of proof is on the state or Public Prosecutor where the stat has the responsibility to prove that the defendant committed the crime. The standard or amount of proof required
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In the case of Bradbury V Morgan, Leigh made a contract with Bradbury. Leigh requested Bradbury to give credit to his brother’s account and guaranteed that the account is belong to his brother. Bradbury proceed with the contract and supply goods to Leigh. Unfortunately, Leigh died and no one informs Bradbury who continued to supply goods to Leigh. Morgan who was the executor on Leigh’s behalf refused to pay for the goods he received. Bradbury then brought this case into the court. It was held that in this case there was no notice provided on Leigh’s death. Therefore, there was no attempt to end the contract. Bradbury won the …show more content…
Basically, a contract is an agreement between parties having a capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, or illegal, creating an obligation in a court of law. As stated in the Contract Act 1950 section 2(h), “an agreement enforceable by law is a contract”. There are four elements of contract which are proposal (offer), acceptance, consideration and intention to create a legal relation and consideration. All the matters on a contract in Malaysia are stated in the Contract Act 1950. The Contracts Act of 1950 is an act that involves contracts made between individuals and also the basic fundamentals of how a contract works or functions, and what actions can be taken if someone against the act and how the other people in contract can claim for damages or sue the people for damages
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Ever since the start of using courts, the main goal of it was to deliver a fair environment where the accused could defend themselves and show the jurors that he/ she did not commit the crime that they were accused of. Sometimes this system fails us and they sentence an innocent man to jail for something they didn’t commit. The activity that I observed in the field of criminal justice was I went to the boulder court house and watched one of the cases that’s was happening that day. As I sat there watching I saw the defendant’s lawyer trying to convince the jurors that his client was innocent, I thought to myself: how can we improve the court room. Sometimes we see some cases where the criminal can be let go because of not a lot of evidence like Casey Anthony. We also might see that the case might be unfair to person being convicted of a crime that they didn’t do. An example of this is the jurors have some past experience with a person of that race and they don’t like them or they already come with a decision before they even hear the evidence found. We might also see a case where the jurors decide that the accuser is innocent even though there’s evidence that proves otherwise. The main point is how we can make
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
There are multiple crime television shows that are based on a true story or fiction. A well known television show is Law and Order Special Victims Unit, which deals with rape and assault cases. This particular episode deals with a domestic violence case between a retired football star, AJ Martin, and his girlfriend, Paula Bryant. I will be using the National Crime Victimization Survey, which is an interview with the members in a household about reported and unreported crime that occurred within the last six months. “NVCS provides information of characteristics of victims, including age, race, ethnicity, gender, marital status and household income” (Truman and Morgan). Official statistics like the NCVS would be used for comparing its demographics
In all Australian legal jurisdictions, children under the age of ten are considered to be too young to have criminal intent. That means, that children under this age cannot be held legally responsible for their actions. Australia is the only region in the world to have uniform legal guidelines on the lower age limit of criminal responsibility. (Weijers, Grisso 2009 p.45). Having the presumption that children under the age of ten are unable to know the law completely, therefore not being able to have mens rea, is in my opinion, necessary in our criminal courts. This essay will look at the reasons for the necessary use of the minimum age of criminal responsibility, such as the Beijing rules, the convention
“The case of Carlill V carbolic Smokeball Company is considered a land mark in the English Law of contracts.”
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
1. MALAYSIAN COURT SYSTEMThe purpose of this is to provide a brief overview of the Malaysian Court System. Whilstits intention is to familiarise readers with the function of Malaysian Courts, it is nosubstitute for professional legal advice which you should obtain whenever you areinvolved with the Courts. Such advice can be obtained from the numerous legal firms inthe country or from the various Legal Aid Centres.MAGISTRATES COURTThe Magistrates Courts deal with the vast majority of cases, both civil and criminal, andsit in almost all major towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
In Malaysia, the law is commonly derived from the English law which compromises of local law and laws of England which includes legislation, common law and rules of equity, and was applied in Malaysia through the doctrine of reception. It has England as its prototype and shares substantial heritage with the common law (Shamrahayu A Aziz, 2009). The common law is the body of rules emerged by the old common law courts which is the Court of Exchequer, Court of Common Pleas and Court of King’s Bench (Teacher, 2013). The common law was applied in England and is based on the customs throughout England. It is also the unwritten law of England based on the decisions of the courts. Likewise, Equity is the body of rules developed in
A contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.
The laws of Malaysia are classified into two types which are written law and unwritten law. Written laws are laws which have been executed in the constitution or in legislation. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions.