LAW 037

INTRODUCTION TO LAW II
CHAPTER 3 CLASSIFICATION
OF LAW

BY: NORSYAZRAH ZULKIFLI

 CHAPTER 3 :
CLASSIFICATION OF LAW
 1. CLASSIFICATION BY SUBJECTS
 2. COMMON LAW AND EQUITY
 3. DOMESTIC AND INTERNATIONAL LAW
 4. CRIMINAL AND CIVIL LAW
 5. PRIVATE AND PUBLIC LAW
 6. WRITTEN AND UNWRITTEN LAW
 7. SUBSTANTIVE AND PROCEDURAL LAW
 1. CLASSIFICATION BY
SUBJECTS
 Law can be divided into subject matter to
ensure the understanding of its application.
 It can be divided into specific subject matter/
categories such as contracts law, torts,
privacy law, international law, business law,
cyber law etc.
 For law of procedure for example, deals with
the procedure of the case either civil or
criminal procedure while for law of evidence,
it deals with the evidence that should be
gather in establishing and proving the case
2. COMMON LAW & EQUITY

COMMON LAW EQUITY

• Law that commonly applied • Inspired by the principles of
in England natural justice
• This law does not a creation • Is not a part of common law
of legislation but based on • Example: specific
decisions of judges and performance & injunction
custom people
 3. DOMESTIC &
INTERNATIONAL LAW
DOMESTIC LAW
• Refers to statute /
regulations of a particular
country that should not be
abide by citizens
• Deals with the jurisdiction
of the person especially in
criminal case; which
country’s jurisdiction should
be followed for the
committed crime
• The violation of this law will
cause penalty/punishment
INTERNATIONAL LAW
• Refers to obligation of a
country that becomes
members/signatory party to
certain agreement with
another country
• It deals with relationship
between our country and
other countries whereas the
violation of the matters did
not cause any penalty
 4. CRIMINAL & CIVIL LAW
CRIMINAL LAW CIVIL LAW

Deals with criminal wrongs (consider the Deals with civil wrongs (consider the wrongs
criminal wrongs as a moral wrong) as breaches of morality)

Objective: to punish the wrongdoer for Objective: to provide the rights and
action that is deemed to be contrary to the obligations of individuals in dealings with
interest of state and citizen each other

The prosecutor will prosecuted the The plaintiff (injured party) will sue the
defendant(the suspect) defendant .

The standard of proof is beyond reasonable The standard of proof is balance of

doubt ( a finding on ‘guilty’ will lead to a probabilities (the court will weigh the case;
conviction and to the punishment) consider the adequate remedies for the
plaintiff)
Example : murder, theft, robbery Example: breach of contract, tort , trust
5. PRIVATE & PUBLIC LAW
PRIVATE LAW PUBLIC LAW
• Concerned with the legal • Concerned with the
relationships between distribution and exercise of
individuals power by the state and the
• To protect the individual legal relations between the
interest state and individual
• Example: labour law, • To protect the social
property law, commercial interest
law • Example: Constitutional
law, criminal law and
administrative law
6. WRITTEN & UNWRITTEN
LAW
WRITTEN LAW UNWRITTEN LAW
• refers to the law that is • refers to the law that has
contained in a formal not been formally enacted.
document and which has • Examples:
been passed by a person or Common Law & Equity,
body that is authorised to Judicial Precedents, Islamic
do so Law, Custom
• Examples:
Federal & State
Constitution, Legislation
& Subsidiary Legislation
 7. SUBSTANTIVE &
PROCEDURAL LAW
SUBSTANTIVE LAW PROCEDURAL LAW
• the statutory or written law • deals with the method and
that governs rights and means by which
obligations of those who substantive law is made
are subject to it. and administered.
• It defines the legal • The process of legal suits
relationship of people with and time limitation are
other people or between examples of this law
them and the state
• In criminal, it defines
crimes and punishment
while for civil, it defines
civil rights and
responsibilities.
• Example: passing off is one
branch of tort in common
law
THE END.