LAW 037

INTRODUCTION TO LAW II
CHAPTER 3 CLASSIFICATION
OF LAW
BY: NORSYAZRAH ZULKIFLI

CHAPTER 3 :
CLASSIFICATION OF LAW

1.
2.
3.
4.
5.
6.
7.

CLASSIFICATION BY SUBJECTS
COMMON LAW AND EQUITY
DOMESTIC AND INTERNATIONAL LAW
CRIMINAL AND CIVIL LAW
PRIVATE AND PUBLIC LAW
WRITTEN AND UNWRITTEN LAW
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

INTERNATIONAL LAW

Refers to statute /
Refers to obligation of a
regulations of a particular
country that becomes
country that should not be
members/signatory party to
abide by citizens
certain agreement with
Deals with the jurisdiction
another country
of the person especially in
It deals with relationship
criminal case; which
between our country and
countrys jurisdiction should
other countries whereas the
be followed for the
violation of the matters did
committed crime
not cause any penalty
The violation of this law will
cause penalty/punishment

4. CRIMINAL & CIVIL LAW

CRIMINAL LAW

CIVIL LAW

Deals with criminal wrongs (consider the

criminal wrongs as a moral wrong)

Deals with civil wrongs (consider the wrongs

as breaches of morality)

Objective: to punish the wrongdoer for

action that is deemed to be contrary to the
interest of state and citizen

Objective: to provide the rights and

obligations of individuals in dealings with
each other

The prosecutor will prosecuted the

defendant(the suspect)

The plaintiff (injured party) will sue the

defendant .

The standard of proof is beyond reasonable

doubt ( a finding on guilty will lead to a
conviction and to the punishment)

The standard of proof is balance of

probabilities (the court will weigh the case;
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

relationships between
individuals
To protect the individual
interest
Example: labour law,
property law, commercial
law

Concerned with the

distribution and exercise of
power by the state and the
legal relations between the
state and individual
To protect the social
interest
Example: Constitutional
law, criminal law and
administrative law

6. WRITTEN & UNWRITTEN

LAW
WRITTEN LAW

UNWRITTEN LAW

refers to the law that is

contained in a formal
document and which has
been passed by a person or
body that isauthorised to
do so
Examples:
Federal & State
Constitution, Legislation
& Subsidiary Legislation

refers to the law that has

not been formally enacted.
Examples:
Common Law & Equity,
Judicial Precedents, Islamic
Law, Custom

7. SUBSTANTIVE &
PROCEDURAL LAW
SUBSTANTIVE LAW

PROCEDURAL LAW

the statutory or written law

that governs rights and
obligations of those who
are subject to it.
It defines the legal
relationship of people with
other people or between
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

deals with the method and

means by which
substantive law is made
and administered.
The process of legal suits
and time limitation are
examples of this law

THE END.