Tutorial 1

The question is:

Ryan called and talked on the phone with his wife without using the use of hands-free device while driving his car back home in Georgetown. While talking, he lost control over his car and eventually hit a walking pedestrian.

Is Ryan liable under civil or criminal law? In my opinion, Ryan is liable under civil law where civil law involved between people with people. Civil law is more like a private law that involved 2 people such as contract law. As for criminal law, it is against the law and will get prosecuted by the government. If the walking pedestrian died in this accident, Ryan is liable under criminal law where criminal law is involved with the government and the people. Once there are people dead in the accident, criminal law will be applied. Therefore, in this case, Ryan will only be liable under civil law.

Should this case go to court, what will be Ryan's right?

No, this case should not bring into the court. This is because Ryan will be sued under the Law of Torts for Negligence. According to Wikipedia.com, it written that there are 5 elements of negligence claims which are duty of care, breach of duty, factual causation, legal causation or remoteness and harm. Besides that, Ryan will also be charged by the government for dangerous driving.

What should the pedestrian do to recover his injuries or loss?

The pedestrian can sued Ryan under the Law of Torts for Negligence. If the pedestrian injured because of Ryan acted negligently that cause the pedestrian's injury, he can recover the damages to compensate for his harm.

By doing research on the civil law, I found that there are actually have two types of law which are civil law and common law. http://www.infernalramblings.com/articles/Law/401/

There are differences between this two laws. The basic difference is: Civil law is a law system where all the laws are made by the parliament in the country. As for common law, some laws are made of customs and some are by parliaments. Based on Johnleemk, the writer for the above website, it said that "the common law system is predominant throughout the Commonwealth of Nations, thanks to their shared British heritage. Most former British heritage colonies derive their laws from the same common laws as England ( the common law is actually a thoroughly English creature - the Scots and Irish were not subject to this system)".

Now proceed to another case. Question is:

Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account. It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.

Determine Geena's liability: civil or criminal?

Geena is liable under criminal law, fraudulent act. This is because she is running away with the money, fraudulent of making scam. According to Wikipedia.com, Fraud can be committed through several methods such as mail, wire, phone and the internet ( computer crime and internet fraud). There are many types of fraudulent acts including bait and switch, false billing, false advertising, identity fraud and so on.

What law(s) and statutes you think Geena has violated?

Geena holding a fake passport, therefore she was violated with immigration act. Immigration is one of the act under criminal law.