Business Law

Describe with examples how each source of law can be used to solve various legal problems. (1500-2000 words) What is the meaning of sources? Sources have 3 types which is Historical sources, that’s mean something happened before when developing the law, but actually the law is not recognized. Next, the second types of sources are Legal sources which mean these are the legal rules that make up the law. Last but not least, places that the law can be founded which from statute law reports and text book is the last types of sources. Federal Constitution Federal law is a supreme law (highest law) of the country. It is containing powers of the government and rights of people. It regulates how the federal government is run. Next, these rights written into the constitution can only be changed by a two-thirds majority of the total number of members of the legislature. The power of Parliament and of State Legislatures in Malaysia is limited by the Constitution and they cannot make any law as they please. Example of federal constitution is federal constitution helps to pass a sentences or punishment to a criminal when according to their accusation. For the next example is if a criminal are sue by the police but that is insufficiency of evidence, police cannot arrest the criminal more than 24 hours because this is the right of people in Malaysia under protect of Federal Constitution. State Constitution State Constitution is a legal document containing power of the state government and the rights of the people in that state. State constitution is only effective in the state, every state has different state constitution. It regulates how the state government is run to control the state. For example, Selangor state constitution set that the quarter of water used by residential that less than RM20.00 is free of charge. Next, state government can restrict the certain area for purpose parking such as some place like kepong has very limit parking place. Federal Law Federal law is a law make by Parliament. Federal law also called as Legislation or Acts of Parliament. The laws make by Parliament are only effective throughout Malaysia. For example, Malaysia now are trying to make the population of people become more and more, but if one day over the limit of population, parliament will make one rules like limit the family can only have 1 baby just like china, so that, federal laws helps Malaysia easy to be control in some situation. State Law State law are made by state assembly in West Malaysia is called Enactments. In West Malaysia (Sabah and Sarawak), its called Ordinance. State law is only effective within the state in which they made the law. State law in one state is different from the other state. The example of state law is like low cost of car, housing because the tax that charged at Sabah and Sarawak is low if compare with East Malaysia. Next, the water and electricity charge rate is also low because the state law already makes by West Malaysia. Muslim Law Muslim law is only apply to Muslim only, it only in relation to family matters, marriage, inheritance and religious issues. For example, a Muslim father was died in a road accident, so the family members can sue to the civil court about the case of accident because the Syariah Court does not handle accident case and the family can go to Syariah Court to get the distribute of the inheritance to get the most fair distribute to the legatee of inheritance. Next, if Muslim couple involved in marriage problem like divorce problem and custody of the children, they can go to the Syariah court to fight for the alimony, the Syariah court will find out what is the best amount of the alimony. Couple also can fight for the custody of their children, they must have the basic qualification like possess housing, have the stable salary that can support the children grow well. Customary Law Customary law is the most important for every people in their lives as different races have different customary which is a cultural according to their races such as in relation to birth, marriage, festival, death. For example, a woman married under customary law had limited legal status. They were either given the status of minors or, for married woman in certain countries especially Africa, they fell under their husband’s marital power which is call limited women’s power. As reason, customary unions were not given full legal status, this created uncertainty about the property and inheritance rights of the marriage. Somehow, the legal status of women married under customary law is no legal rights to own or inherit property in her own name and no legal right to enter into contracts on her own. However, there have the recognition of customary marriages act will protect woman from being vulnerable such as setting down the legal rules for a customary marriage will give marriage partners the security of knowing that which is the marriage is recognized, they have right to the common property of the marriage and also they have a right to inherit from the marriage under the rules of intestate succession. Reference: www.section27.0rg.za Common Law Common law has been split into customary practices that are common to all the races in Malaysia are the Malaysian common law and judge made law is also called common law. It is similar with customary law. For example, according to the labor law of Malaysia, companies have to pay salary to the worker before 7th of every month and if the companies have not pay before the deadline without reason, workers are involve can sue the company. For another example, according to the law of Malaysia for those women that married above 18 and below 21, parents are required to involve the marriage. If Stephanie married with a guy above 18 and below 21 and her parents was not consent, parents can sue the guy and the marriage is not recognized. Legal Textbook Legal textbook can be referred when having a legal problem as contract. For example, if have one of family member was passed away, the others family member can be refer back that how they can heritance the assets and property to each member that according the contract which is created by the person who passed away. For another example, Celine was vacant by a company and signed contract with the company to promised working for them for 3 years. Once broke the rule, the company has rights to sue Celine according the contract. Once day, Celine has leave in between 3 year and without announcement and permission which approved by the company. The company can sue her according the contract that what Celine had promised. Equity -is a fairest way to solving the dispute problem which is adjudge from court. Equitable remedies: Example of Injunction: Jennie is an owner of restaurant and next to her restaurant also a restaurant as well. Somehow, her neighbour put the chairs and tables cross over the line between them. Jennie can apply to the court and court compel and asked her neighbour shop to stop to putting chairs and tables that cannot cross over Jennie’s shop. Specific Performance: Where someone promises something under a contract and broke the rules then can apply to court and compel him to do what he had promised. For example, William sells house to Jackie. Jackie pays RM5 million to William but William refuse to transfer house to Jackie. Jackie can apply to court for Specific performance compelling William to transfer property to Jackie. Delegated Legislation / Subsidiary Legislation -Parliament, State Assembly delegated their law making powers to another person or body to make laws which is called regulations, rules, order or notification by law. If a lawyer have make a mistake, we can refer on Legal Profession Act 2007 in section 5 which is “term relating to lawyer” to find out who is the mistake he did and what punishment should give to him. If a police have make a mistake, we can refer on Legal Profession Act 2007 in section 86 which is “relevant authority may ask for police report” to find out who is the mistake he did and what punishment should give to him. If a foreign lawyer have made a mistake in registration, we can refer on Legal Profession Act 2007 in section 177 which is “local registration of foreign lawyer” to find out who is the mistake he did and what punishment should give to him.  Conclusion To learned about sources of law is very helpful in our life because there may provide us an idea or guideline that we know how to do when we are facing problem especially working in the reality society. As a human being, to understanding about this knowledge is very important for every peoples because it can be protect us and avoiding to cheat, bully or any unethical and illegal actions by others. 9