BDAU2103 Element of Law 1

OUM BUSINESS SCHOOL
MAY / 2023
BDAU2103
ELEMENTS OF LAW
🔥 Students, get a RM 20 discount on your first assignment at OneStopAssignment!

Plus, use Referral Code: MartinL for an extra 10% off.🔗 OneStopAssignment.com
| 📲 WhatsApp: 0182579902 | 💌 dickyc3170@gmail.com. Grab the deal now! 📚✨
NAME :
MATRICULATION NO :
IDENTITY CARD NO. :
TELEPHONE NO. : nil
E-MAIL :
LEARNING CENTRE :
Contents
1.0 Identification and explanation on the Common Law legal system.......................................2
2.0 Identification and explanation on the Civil Law legal system..............................................5
3.0 Analysis of the difference between the Common Law and Civil Law.................................7
3.1 Origin and Development:..................................................................................................7
3.2 Role of Judges:..................................................................................................................7
3.3 Precedent (Stare Decisis):.................................................................................................8
3.4 Codification:.....................................................................................................................8
3.5 Legal Procedures:..............................................................................................................8
3.6 Flexibility vs. Certainty:...................................................................................................8
4.0 Discussion on The Meaning of Public Law and Private Law.............................................10
4.1 Public Law......................................................................................................................10
4.2 Private Law.....................................................................................................................11
5.0 Discussion on the Application of Public Law and Private Law in Malaysia......................14
5.1 Administrative Law in Malaysia (Public Law)...............................................................14
5.2 Contract Law in Malaysia (Private Law)........................................................................15
6.0 Summary.............................................................................................................................17
7.0 References...........................................................................................................................19
8.0 Cases Lists..........................................................................................................................20
Online Class Participation.........................................................................................................21
🔥 Students, get a RM 20 discount on your first assignment at OneStopAssignment! Plus,

use Referral Code: MartinL for an extra 10% off.🔗 OneStopAssignment.com | 📲
WhatsApp: 0182579902 | 💌 dickyc3170@gmail.com. Grab the deal now! 📚✨
1
1.0 Identification and explanation on the Common Law legal system
Common Law, also known as case law or precedent, is a legal system in which the law is
developed by judges through the decisions of courts and similar tribunals, as opposed to
statutes enacted through the legislative process or executive regulations.
Figure 1 Common Law legal system
Common Law systems are prevalent in former British colonies and countries influenced by
the Anglo-American tradition, such as the United States (except Louisiana), Canada (except
Quebec), Australia, and India.
Common law is based on the doctrine of stare decisis, which translates from Latin as "to stand
by things decided." In accordance with this doctrine, once a court makes a decision in a
particular case, it and all subordinate courts are required to adhere to that precedent in future
cases involving similar facts and legal issues. This doctrine provides legal consistency and
predictability, as comparable legal issues are typically resolved in the same way.
In the following are 6 components of the Common Law system:

1. Judicial Precedent: This is the primary legal source in the Common Law system.
Superior court decisions are binding on lower tribunals. For instance, if the Supreme
Court of the United States makes a ruling on a particular law, all other tribunals within
the country must adhere to this precedent.
2
2. Statute Law: Despite the fact that Common Law is primarily based on judicial
decisions, statutes can be enacted by legislative bodies. Statutes are a significant
source of law that can result in the enactment of new laws or the modification of
existing ones. If a court deems these laws constitutional, they may supersede judicial
decisions.
3. 🔥 Students, get a RM 20 discount on your first assignment at

OneStopAssignment! Plus, use Referral Code: MartinL for an extra 10% off.🔗
OneStopAssignment.com | 📲 WhatsApp: 0182579902 | 💌
dickyc3170@gmail.com. Grab the deal now! 📚✨
4.
5. Doctrine of Stare Decisis: This is the principle that governs the Common Law
precedent system. The doctrine asserts that courts should generally adhere to
precedent and refrain from upsetting established matters. When a precedent becomes
archaic, unjust, or irrelevant, courts may choose to depart from it and establish a new
precedent.
6. Case Law and Court Hierarchies: In the Common Law system, courts are organized
hierarchically according to their level of authority and jurisdiction. Higher courts'
decisions are binding on lower tribunals. In the United States, for instance, state trial
courts are bound by the decisions of the state's highest court, and federal courts are
bound by the decisions of the United States Supreme Court.
3
2.0 Identification and explanation on the Civil Law legal system
The Civil Law system, also known as the Continental European Law system, is the most
prevalent legal system in the world, being used in countries such as Germany, France, Spain,
Italy, and large portions of Latin America, Asia, and Africa. It originated from Roman Law
and was further developed by legal scholars during the Middle Ages.
Figure 2 Civil Law legal system
The Civil Law system is based on exhaustive legal codes that attempt to cover all possible
legal issues. These regulations are established by legislative bodies. In Civil Law systems,
judges have a distinct role than in Common Law systems; their primary responsibility is to
apply the law as it is written, not to interpret or create new laws.
In the following are 5 components of the Civil Law system:

1. Comprehensive Legal Codes: Civil Law systems rely on extensive written
regulations that serve as the primary source of law and cover a wide range of legal
areas, including civil, criminal, administrative, and tax law, etc. As an illustration,
France has its Napoleonic Code (Code Civil), Germany has its Bürgerliches
Gesetzbuch (BGB), and Japan has its Civil Code.
4
2. Codified Laws: In Civil Law jurisdictions, the fundamental legal principles are
codified in documents that serve as the primary source of law. In Common Law
systems, where cases and judicial opinions play a significant role, this is not the case.
3. Role of Judges: In the Civil Law system, justices are primarily responsible for
applying the law. In proceedings, they play a more passive and investigative role,
often heading the collection of evidence. Judges neither create nor have the authority
to interpret the law.

5
3.0 Analysis of the difference between the Common Law and Civil Law
Common Law and Civil Law are the main legal systems in the world. They have distinct
historical origins, principles, and methodologies, which results in variations in their
application and interpretation. Here is a comprehensive comparison:
Figure 3 Difference Between the Common Law and Civil Law
3.1 Origin and Development:

Common Law originated in England during the Middle Ages and was exported worldwide as
a result of British colonialism. Its development is primarily judge-driven, with laws evolving
over time based on precedent (stare decisis) and popular customs.


BDAU2103 Element of Law 1

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

BDAU2103 Element of Law 1

Uploaded by

Copyright:

Available Formats

OUM BUSINESS SCHOOL

🔥 Students, get a RM 20 discount on your first assignment at OneStopAssignment!

🔥 Students, get a RM 20 discount on your first assignment at OneStopAssignment! Plus,

Figure 1 Common Law legal system

In the following are 6 components of the Common Law system:

3. 🔥 Students, get a RM 20 discount on your first assignment at

Figure 2 Civil Law legal system

In the following are 5 components of the Civil Law system:

🔥 Students, get a RM 20 discount on your first assignment at OneStopAssignment! Plus,

Figure 3 Difference Between the Common Law and Civil Law

3.1 Origin and Development:

🔥 Students, get a RM 20 discount on your first assignment at OneStopAssignment! Plus,

You might also like