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[HT 311: TOURISM AND HOSPITALITY LAW] December 18, 2013

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TABLE OF CONTENT

CONTENT NUMBER OF

PAGES

QUESTIONS:1. Define the word Law. 2

2. What is Private Law? 2

3. Explain what is meant by International Law. 2

4. Briefly explain the THREE (3) main components of private law. 3

5. Describe the hierarchy of Courts in Malaysia. 4

6. What are the various sources of law in Malaysia?

Describe the sources.5

7. State the similarities and differences between legislation and

subsidiary legislation.6

8. Explain the jurisdiction of Syariah Courts? 7


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QUESTIONS AND ANSWERS:

1. Define the word Law.

Law is a set of agreed rules either general or made by the legislature to protect, organize

and preserve the rights of a person and of creating social harmony.

2. What is Private Law?

That portion of the law that defines, regulates, enforces, and administers relationships

among individuals, associations, and corporations. As used in distinction to public law,

the term means that part of the law that is administered between citizen and citizen, or

that is concerned with the definition, regulation, and enforcement of rights in cases where

both the person in whom the right inheres and the person upon whom the obligation rests

are private individuals.

3. Explain what is meant by International Law.

International law is the set of rules generally regarded and accepted as binding in

relations between states and between nations. It serves as a framework for the practice

of stable and organized international relations.

International law differs from state-basedlegal systems in that it is primarily applicable to

countries rather than to private citizens. National law may become international law

whentreaties delegate national jurisdiction to supranational tribunals such as

the European Court of Human Rights or theInternational Criminal Court.Treaties such

as theGeneva Conventions may require national law to conform.
http://en.wikipedia.org/wiki/Legal_systemhttp://en.wikipedia.org/wiki/Treatieshttp://en.wikipedia.org/wiki/Supranationalhttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/International_Criminal_Courthttp://en.wikipedia.org/wiki/Geneva_Conventionshttp://en.wikipedia.org/wiki/Geneva_Conventionshttp://en.wikipedia.org/wiki/International_Criminal_Courthttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/Supranationalhttp://en.wikipedia.org/wiki/Treatieshttp://en.wikipedia.org/wiki/Legal_system


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4. Briefly explain the THREE (3) main components of private law.

1) Trust Law

The trustee is given legaltitle to the trust property, but is obligated to act for the

good of the beneficiaries. The trustee may be compensated and have expenses

reimbursed, but otherwise must turn over all profits from the trust properties.

Trustees who violate thisfiduciary duty areself-dealing.Courts can reverse self-

dealing actions, order profits returned, and impose other sanctions

2) Contract Law

Contract law involves agreements among private individuals or compensation for

failing to fulfill those agreements. Contractual disputes may deal with the sale of

merchandise or real estate or the provision of work, labor, or professional

services, to name a few examples. Most malpractice suits against health care

providers and hospitals are based on tort law, not contract law.

3) Tort Law

A tort is a breach of a duty, other than a contractual duty, which gives rise to an

action for damages to compensate the injured party. Tort law deals with injury or

wrongdoing committed with or without force/intent to the person or property of

another.

A tort case may involve trespassing upon another's land, committing assault and

battery upon a person, creating a nuisance, damage through negligence to the

person or property of another, or defamation of character (libel and slander), to

name a few examples.

Most malpractice suits against physicians and hospitals are based on tort law.

The same act may be both a crime against society and a tort against an individual
http://en.wikipedia.org/wiki/Titlehttp://en.wikipedia.org/wiki/Profit_%28accounting%29http://en.wikipedia.org/wiki/Fiduciaryhttp://en.wikipedia.org/wiki/Self_dealinghttp://en.wikipedia.org/wiki/Courtshttp://en.wikipedia.org/wiki/Courtshttp://en.wikipedia.org/wiki/Self_dealinghttp://en.wikipedia.org/wiki/Fiduciaryhttp://en.wikipedia.org/wiki/Profit_%28accounting%29http://en.wikipedia.org/wiki/Title


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5. Describe the hierarchy of Courts in Malaysia.

Federal Court

High Court inMalaya

Sessions Courts

Magistrates' Court

(small claims procedure)

High Court in Sabah& Sarawak

Sessions court

Magistrates' Courts


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6. What are the various sources of law in Malaysia? Describe these sources.

i. Written law

Written law is the most important source of law. Its refer to that portion of Malaysianlaw which includes:

a) The Federal and State constitution

b) Legislation enacted by parliament and state assemblies

c) Subsidiary legislation

ii. Unwritten law

Doesnt mean that is not written. What made it unwritten is that is not made by the

formal legislative bodies. Sources of unwritten law are:

a) English law (common law)

b) Judicial decision

c) Customs

iii. Islamic law

Is the body of Islamic Law. The term means "way" or "path"; it is the legal frameworkwithin which the public and some private aspects of life are regulated for those living

in a legal system based on Muslim principles of jurisprudence Applicable to Muslims

only and administered in the Syariah Courts. The courts possess civil jurisdiction over

offences by Muslim against the religion.


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7. State the similarities and differences between legislation and subsidiary

legislation.

Legislation Subsidiary legislation

The supreme lawmaker Similarities The supreme lawmaker

a) Need to undergo the

various stages of procedure

from the legislative

assemblies to the

parliament to be passed.

b) Legislation refers to the

laws which have been

formally passed by the

properly elected bodies, i.e.

the Parliament (at the

Federal level) and the State

Legislative Assemblies (at

the State level)

c) Legislation passed by

Parliament is generally

called an Act of Parliament,

while those passed by the

State Legislative

Assemblies are called

Enactments (with the

exception of Sabah

and Sarawak, where they

are called Ordinances).

Differences

a) Subsidiary legislation can

be passed very speedily

as it does not have to

undergo the various

stages of procedure which

has to be followed in

Parliament or the State

Legislative Assemblies

b) refers to the rules and

regulations, which are

passed by some person

or body under some

enabling parent legislation

c) The Interpretation Act

1967 defines it as any

proclamation,

rule, regulation, order,

bye-law or other

instrument made under

any Act, Enactment,

Ordinance, or other lawful

authority and

having legislative effect.


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8. Explain the jurisdiction of Syariah Courts?

Any problems that arise pertaining to Syariah matters and the parties will have to go to

the Syariah Court to determine their claims. Even though Syariah law providesregulations in all aspects, the Syariah law that is applicable in Malaysia is confined to

only personal matters, amongst others; the law on marriage and divorce and the

distribution of estates before and after death.

Details of the subject matter can be found in the Federal Constitution, List ii schedule 9.

The Syariah Court is classified into three categories -

a) Syariah Subordinate (lower) Court,

b) Syariah High Court

c) Syariah Appeal Court.

Most subject matters begin in the Syariah Subordinate Court, except on matters

pertaining to custody of children and the division of matrimonial assets (harta

sepencharian). These are under the jurisdiction of the Syariah High Court. The Syariah

High Court hears appeals from the Syariah Subordinate Court and it may revise

decisions of the lower court. Besides that, any claim above Fifty Thousand Ringgit

Malaysia (RM50000) is also heard in the Syariah High Court.

The jurisdiction of the Syariah Court is divided into both, criminal and civil. Different

procedures apply in both jurisdictions. Only a Muslim, either by birth or by way of

conversion, can go to the Syariah Court.

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