PTT 444 Technology Engineering in Society Introduction to

PTT 444 Technology Engineering in Society Introduction to Law For Engineers 1

OVERVIEW Outline INTRODUCTION TO MALAYSIAN LEGAL SYSTEM CONTRACT LAW OF TORT INTELLECTUAL PROPERTY LAW EMPLOYMENT LAW Objectives: Explain the main concepts of law in Malaysia that relevant to engineering context. Describe the basic principles of the law governing the above topics. 2

WHAT IS LAW? Source: http: //www. online‐nations. net/areas/law‐toon. html Originally laws & rules were invented to regulate social interaction in a peaceful manner. 3

DEFINITION OF LAW Oxford Dictionary: Law is the body of enacted or customary rules recognized by a community as binding. Webster‟s Dictionary: A binding custom/practice of community ~ A rule or mode of conduct or action that is prescribed or formality recognized as binding by supreme controlling authority or made obligatory by a sanction made. 4

…DEFINITION OF LAW Sir John Salmond: “the body of principles recognized and applied by the State in the administration of justice”. John Austin: “a command set by a superior being (state) to an inferior being (individual) and enforced by sanction”. Thus, law is a set of rules, developed over a long period of time that regulates interactions that people have with each other, and which sets standards of conduct between individuals and the government and which are enforceable through sanction. 5

LAW AND ETHICS Ethics refers to „what is right‟ and „what ought to be‟, not simply accepting „what is‟. “A set of moral principles or values that governs the conduct of an individual or a group”. It sets standards of “good” and “bad” as opposed to “right” and “wrong. ” The purpose of law is to govern the conduct of all members of society whilst ethics guides individuals in ascertaining the soundness of rules and their impact upon relationship. What is lawful conduct is not always ethical conduct. Legal behavior is not necessarily ethical behavior i. e the law may permit something that would be ethically wrong. 6

MAJOR LEGAL SYSTEMS Civil law: based around a written codified body of laws. A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists. Mostly in Continental Europe, Central and South America. Common law: the body of laws and procedures created by the judiciary (the judges) and applied via the doctrine of precedent. The bulk of the law is usually found in case law, but statute is playing an increasing role. England almost all of British former colonies. Religious law: based on religion teachings. 7

CLASSIFICATION OF LAW Public Law: Govern the relationship between individuals and the state. International Law: Body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observed and consequently commonly do observed in their relations with each other. Private Law: Concerned with matters that affect the right and duties of individuals amongst themselves. 8

Classification of law Public Law Constitutional Law (Rights of individuals in the state) ‐Supremacy of Parliament ‐ Right of Citizen ‐Federal & State Power Private Law International Law Business Law To protect personal interest Law of Tort ‐ Breach of General Duty which imposed by the law, and not agreed between the parties. Criminal Law Codifies the various offences committed by individuals as against the state. ‐ ‐ ‐ Public Law Prevails between states Treaty Law of Sea Inter. Criminal Law Inter. Humanitarian Law Private Law ‐ Law governs conflict between individual. ‐ Part of municipal law 9

MAIN SOURCES OF MALAYSIAN LAW SOURCES Written Law Federal & State Constitution Legislation Enacted By Parliament & State Assemblies Subsidiary Legislation (Other Body eg: Universities) Unwritten Law Islamic Law Principle of English Law Applicable to Local Circumstances (i) Common law (ii) Equity Judicial Decision Custom 10

COURTS AS A SOURCE OF LAW 2 basic distinctions: Trial v Appellate courts Civil v Criminal courts Trial courts hear case „at first instance‟ i. e to make a ruling on the issues of fact and law. Appellate courts reconsider the application of legal principles to a case already heard by a lower court. Civil courts hear those areas of law which govern the relationship between legal persons eg. contract, employment, tort. Criminal courts hear those wrongs which are sufficiently important for society to impose certain penalties on the wrongdoer. 11

MALAYSIAN COURT STRUCTURE Art. 121 (1 A) FC provides for dual justice system: Secular laws (Public and Private) Shariah laws (only applicable to Muslims) 12