DL-6101 Criminal Law and Procedure
Criminal law was enacted by English Government in 1861 after the independence of Myanmar in 1948. The term "Criminal law" means the law, which deals with criminal offences. "Crime" is criminal wrong, which concerns with the breach of public rights and duties and affects the community at large.
Criminal law of the Republic of the Union of Myanmar constitutes the offences and punishments, the Substantive law and the Procedural law. Substantive law in terms of Criminal law includes the Penal Code (Criminal law), Special Criminal laws and local laws. Five kinds of punishment in generally are (1) death (2) imprisonment for life or transportation (3) imprisonment with hard labour (4) forfeiture of property and (5) fine. Some persons are exempted from criminal liability. Everyone has a right to protect his or her reputation on body, and property. An "attempt" is an intentional preparatory action. General exception , Joint - criminal liability , Offences under the code, Special Criminal Laws relating to Public property, Narcotic Drugs and Psychotropic Substances , Child Law , etc are also stated.
In Criminal Procedure Code the followings are expressed. Definitions and organization of courts, court after 1988, The Union Judiciary Law (2010), arrest, escape and retaking, arrest of vagabond , general provisions relating to arrest, warrant of arrest, information to the police and their powers to investigate, FIR, statement of police, prosecution of judges and public servant, kinds of trial, summon trial, attachment of property, the charge, forms of charge, effect of material error, power of High Court to confirm sentence or annul conviction, bail, bailable offence and non-bailable offence, appeals, reference, revision, High Court’s power of revision, compounding offences, withdrawal of complaint are provided in Criminal Procedure Code.
DL-6102 Family Law
The sources of Myanmar Customary Law, marriage , essential of legal marriage. the effect of 1954 the Buddhist Women's Special Marriage And Succession Act , marriage property , divorce , kinds of divorce , partition of property on divorce , adoption , kittima , apatittha , succession , general principles of succession , succession of husband and wife , succession of children , gift , gift accounting to myanmar customary law , pre- emption , general principles of the right of pre-emption are included in Family Law.
DL-6103 Law Of Contract and Tort
Definitions and terms of the contract, communication, the nature of contract, formation of contract, valid contract, invalid contract, offer, acceptance and consideration, capacity to contract , legality of object, privity of contract, discharge of contract , frustration, quasi-contracts, breach of contract and remedies, specific contracts are laid down in the Law of Contract. These provisions should be digested as much as possible.
In the Law of Tort, it is a fundamental principle that every man has a right which is recognized by law and whenever such right is infringed, there is a remedy. But then such an infringement can be cured only if it is a legal right. It should also be noted that the Law of Tort is not an enacted law but can be considered as a customary law which has its basis in the English Common Law. So where a legal right is infringed there is a legal remedy. Undoubtedly, the Law of Tort forms part of the law of civil responsibility. The wrong done by the defendant is independent of contract, because the defendant has not contracted with the plaintiff to perform and duty and the law has imposed it upon him. In the Law of Tort, introduction, nature of tort, general principles of liability, general defences, measure of damages including remoteness of damages, vicarious liability, remedies, trespass , death in relation to tort are provided.
DL-6104 Business Law and Labour Law
The Business Law: types of Business Organization, The Law of Partnership, legal essence and creation of partnership, rights and liabilities of partners , dissolution, Company Law, existing enactments, classification of companies, incorporation and registration, management , liquidation and winding up are made available.
Co-operative Societies Law, existing law, formation of co-operative societies, offences and penalties, Investment Laws, Myanmar Citizen, Foreign Investment Law, protection of intellectual property rights in Myanmar, patent , copyright , trademark , trade-name will be taught.
Labour Law consists of Existing Important Labour Rules and Notifications , Workmen's Compensations; Labour Organization Law ; Settlement of Dispute, Leave and Holiday, Rules relating to Employment and Wages of Workers, Laws of Social Security, Laws relating to Factories, Shops and Establishments, Basic facts about ILO (International Labour Organization ).
DL-6105 Land Law and Revenue Law
Land Law highlights its scope, extent and application of the Land Laws in Myanmar, Transfer of Property Act, definitions and meanings of immoveable property, transfer of property by act of parties, kinds of transfer, sale, mortgage, exchange, lease, gift, effect of Transfer of Immoveable Property (Restriction) Law , 1987, application and effect of the Urban Rent Control Acts , Laws relating to Land.
With the needs to develop its own jurisprudence of Revenue law, land holder status, land revenue, assessment and process recovery of arrears under the revenue act; state land, incidents of tenure of state land and process of recovery of arrears under the Upper Myanmar Land and Revenue Regulations, legal significant of the Myanmar Stamp Act 1899, the Court Fees Act 1870, Income Tax Law, Commercial Tax Law, 1992. Import and export tax provisions from Sea Customs Act 1878, Tariff, Excise, Forest, Fisheries and Relevant Rules are offered.
DL-6106 Civil Law and Procedure
The Code of Civil Procedure , application , extent , definition , courts and their civil jurisdiction, suits in general, incidental proceedings, suits in particular cases, rules in civil suits to be followed, emphasis on laws of pleadings, plaints and written statements, parties to suits, place of suing , judgments, orders and decrees are delivered.
Provisions and cases relating to general, courts by which decrees may be executed , questions to be determined by that court , procedure in appeal, review and revision, appeal to the Supreme Court under judiciary law, laws relating to limitation , suits valuation , court fees and stamp are also offered.
DL-6107 Law of Evidence
In the Evidence Act, application, evidence and proof, the relevancy of facts, admission, confession, opinions, oral and documentary evidence, exclusion of hearsay, production and effect of evidence, burden of proof, estoppel, the examination of witnesses , improper admission and rejection of evidence are distributed together with cases.
DL-6109 Public International Law
Public International Law comprises historical development, nature and origin , sources , subjects , relation between international law and State law, States : recognition and its legal effects, State territory, rights and duties of States, jurisdiction, State responsibility, diplomatic and consular immunities, the law and practice as to the treaties, Environmental law, international protection of human rights, peaceful settlement of international disputes, and disputes and hostile relation and war.
DL-6110 Term Paper
Term paper is a common assignment in Diploma in Law Course (online) to evaluate students’ research and writing skills. Initially you have to give the assignment containing a three -page term paper proposal.
The proposal requires a topic of term paper including an abstract, methods, and reference. Next you may submit the complete term paper. The deadline of submitting the complete term paper is before end of the second semester.
DL-6108 Constitutional Law and Administrative Law
Meaning of the Constitution, Nature, Scope and Sources, classification, Government, cabinet system and presidential system, doctrine of separation of powers, theory of check and balance, constitutional development in Myanmar, comparative study of organizations and functions of the legislative , executive and judicial departments as laid down in the Constitutions are basically given in the Constitutional Law.
General principles of Administrative Law, definition and nature of administration, the legislative , executive and judicial powers of the administration, subordinate legislation , quasi-judicial function of administration, administrative tribunals, the control of the powers of the administration, legislative control , judicial control, the rules of natural justice, statutory exclusion of remedies, the role of tribunals in England, French administrative courts are essentially provided in the Administrative Law.