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Projects & Legislative
Requirements
Prof. Dr. Siti Kartom KamarudinDept. of Chemical & Process Engineering
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What is Law?
Law provides rules
It tells us what we can and cannot do
This is true in our personal lives (eg criminal
law)
And in our business lives (eg contract law)
Therefore, it is important for a
businessperson to know the rules which
apply to them
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What is Law? (cont.)
However, law is more than just rules
Societies require order to allow people to
live and deal with each other
Law is a means of creating and maintaining
social order
It does this by helping to deal with
arguments and conflicts
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1.Common Law System and
Civil Law System
A legal system is the way the law is
structured and operated in a country
Common Law and Civil Law are terms usedto describe legal systems
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Common Law System
Common Law is used to describe legal
systems based on the English legal system
These are usually countries which wereonce part of the British Empire
eg: America, Australia, New Zealand
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Civil Law System
Civil Law is used to describe legal systems
which are based on old Roman Law (from the
Roman Empire in what is now Italy)
eg: France, Germany
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Common Law v. Civil Law
Common Law
The courts and the case
law which the courts
make are the mostimportant source of law
Civil Law
Consists of a legal code
of general principles
which is the source oflaw
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2. Common Law and Statute Law
Common Law is the law and procedures
created by courts (ie judges)
Statute Law is legislation created by thegovernment
in England, this is Parliament at Westminster
eg Sale of Goods Act 1979 eg Employment Relations Act 1999
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Common Law v. Statute Law
Since the early 20th century, most EnglishLaw has been created (enacted) by
statute Acts of Parliament
However, the courts still have an importantrole to play in deciding on the effect of
statutes ie: the courts tell us how the statutes work in
real life:
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3. Private Law and Public Law
Private Law and Public Law are concerned
with relationships
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Private Law
Private Law deals with the relationships
between ordinary people in everyday
transactions That includes you and me, as well as
businesses and companies
Private Law includes the law of contractand the law of tort
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Public Law
Public Law deals with the relationships
between government organisations and
ordinary citizens
also between different government organisations
Public Law includes constitutional law,
administrative law, and criminal law
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4. Civil Law and Criminal Law
In this category, civil law has a different
meaning from the Common Law and Civil
Law category
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Civil Law
In this category, civil law deals with therelationships between individual citizens
Its purpose is to settle arguments betweenindividuals
It helps people to find remedies orsolutions to problems
it doesnt really punish people
Civil Law includes all Private Law and somePublic Law
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Criminal Law
Criminal Law deals with rules created by
the State which forbid certain behaviour
These are crimes
Criminal Law punishes people
it does not provide remedies or solutions
Criminal Law is usually what people think of
when they think about The Law
Criminal Law is part of Public Law
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Criminal Law v. Civil Law
A very important difference betweencriminal law and civil law relates to courtcases
In a criminal case, the prosecutors (ie theState) must prove their case beyondreasonable doubt
In a civil case, the parties only have toprove their case on the balance ofprobabilities
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Relook at Previous Courses
Engineering ethics
Pollution Control
Process design
Design Projects (I & II)
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Life Cycle of a Project
PROJECT
Plan
Construct
Operate
Abandon
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Life Cycle of a Project
Planning stage
Process selection anddesign
Site selection
etc
Construction stage
Site clearing
Earth work Construction wokers
etc
Operation Machinery
Emissions & effluents
Operating and
management personel
maintenance
Abandonment
Waste materials Buildings & equipments
etc
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Legislative Requirements
Each stage of project cycle requires to meet
legislative requirements
Example
Planning stage
EQA 1874
Kanun Tanah Negara
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