Introduction to law
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The document discusses the definition and sources of law in India. It notes that laws are rules established and enforced by government that involve mandatory rules and consequences. The main sources of law in India are discussed as religion, customs, judicial decisions, equity, and legislation. The document then provides details on the Indian legal system, including the roles of the Supreme Court, High Courts, and subordinate courts. It also discusses different types of laws such as civil, criminal, constitutional, administrative, property, contract, family, employment, tort, tax, and international law.
Introduction to law
- 1. By: Shwetanshu Gupta (49) To : Prof. Rajendra Mishra Tanvi Bhargav (53)
- 2. What is law? Laws are essentially a set of rules, but there are 3 main characteristics that make laws different from simple rules: Laws are a set of rules established and enforced by government. Laws are mandatory. Laws involve consequences. Law is the system of control (i.e. a set of rules) through which society operates (i.e. citizens must obey or suffer a penalty) Law declares how we must behave and consists of those rules which are enforced through the legal system (particularly the courts) The system is more complex in reality as the ‘rules’ are affected by social, economic, political and international considerations
- 3. Cont’d A law recognized causal link or principle whose violation must or should result in a penalty as failure, injury, loss or pain. These laws carry with them the power and authority of the enactor, and associated penalties for failure or refusal to obey. Law derives its legitimacy ultimately from universally accepted principles such as the essential justness of the rules, or the sovereign power of a parliament to enact them.
- 4. Indian legal system Law as a matter of great importance has an illustrious history in India. It was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. Excellent secular court systems existed under the Mauryas (321-185 BCE) and the Mughals (16th – 19th centuries) with the latter giving way to the current common law system.
- 5. With the advent of the British raj, there was a break in tradition, and Hindu and Islamic law were abolished in favour of British common law. As a result, the present judicial system of the country derives largely from the British system and has few, if any, connexions to Indian legal institutions of the pre-British era The Constitution of India, which came into effect from 26 January 1950, is the lengthiest written constitution in the world. It provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government and the State Governments.
- 6. Cont’d The Indian Legal system is one of the oldest and longest written set of laws in the world. Our legal system has its roots in the legislature formulated during the British Raj era. The Indian legal system is formulated baring in mind the diversity of the country and with due respect to the religion, customs and traditions of the people. For instance the Indian Divorce act is different for Hindus and Muslims which is aligned to their respective religious guidelines. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesized to get a refined set of Indian laws as it currently stands.
- 7. Need of law Laws are required in society to regulate the behaviour of the individual, to correspond with what is acceptable to the majority of individuals. Without law, life and business would become a matter of survival, not only of the fittest but also of the most ruthless. Law is the potential tool of social change. In fact law and society are complementary. No society can exist without law. It is essential for keeping peace in the society. Establish rules Protect rights and freedoms Protect society Resolve Disputes
- 9. SOURCES OF INDIAN LAW RELIGION EQUITY LEGISLATIONS JUDICIAL DECISIONS CUSTOMS
- 10. Customs are oldest source of law. It is the outcome of habits. When a particular habit is followed for a long time by the people regularly and habitually, the custom comes into being.. Customs
- 11. Religion The religion is another important source of law. It played an important role in the primitive period when men were very much religious minded and in the absence of written laws the primitive people obeyed religion thinking it of divine origin. .
- 12. Judicial Decisions Since the dawn of the human civilisation the dispute between two parties is referred to a third party who acts as the arbiter. His decision is generally obeyed by both the parties. The arbiter may be a tribal chief or a priest. But with the passage of time, the judicial organ of the state is given power to decide cases between the parties.
- 13. The term 'equity' literally means 'just', 'fairness' and according to 'good conscience'. While deciding a case and pronouncing a judgment, the judges generally apply their own common sense and justice. This is known as Judge-made laws or case laws. Thus, without 'equity' the term law will be devoid of its essential quality.
- 14. Legislation This is the most important and modern source of law. The legislature is that organ of the state whose primary function is to make laws. Thus, law can be defined as the opinion of the majority legislators. They are recorded in the Statute Book. When the legislature is not in session, the executive is empowered to issue ordinances, decrees etc. which are as good as the laws made by the legislatures. Due to paucity of time, the legislature makes laws in the skeleton form and the flesh and blood is added to it by the executive -delegated legislation. Public opinion in this age of democracy plays a vital role in the process of law making.
- 17. SUPREME COURT The Indian Judicial System has the Supreme Court of India at its helm Present only in the capital city of Delhi, without any branch in any part of the nation, presided by the Chief Justice of India. Not only the final court of permissible Appeal, but also deals with interstate matters, and matters comprising of more than one state, and the matters between the Union Government and any one or more states. Also has powers to punish anybody for its own contempt. The largest bench of the Supreme Court of India is called the Constitution Bench and comprises of 5 or 7 judges, depending on the importance attached of the matters before it, as well as the work load of the court. The Appeals to this court are allowed from the High Court, only after the matter is deemed to be important enough on the point of law or on the subject of the constitution of the nation, and is certified as such by the relevant High Court.
- 18. HIGH COURTS Works under the direct guidance and supervision of the Supreme Court of India, and is the uppermost court in that state, and generally the last court of regular appeals. High Courts frame their own rules, and arrange to implement them. Under certain provisions of Law, the High Courts have the ordinary original civil jurisdiction. Many times the High Courts have concurrent jurisdiction along with its subordinate courts, for effective remedy at the earliest. . All the High Courts have different division benches in different parts of the respective states for speedier cheaper and effective dispensing of justice. For the purpose of disposal of its business, the Judges in the High Court, either sit singly or in benches of two or more judges in benches for deciding more important matters..
- 19. SUBORDINATE COURTS TO HIGH COURT DISTRICT & SESSION COURTS LABOR COURTS ACCIDENT CLAIM SPECIAL COURTS ADMINISTRATIVE TRIBUNALS REVENUE TRIBUNALS AND OTHER SUBORDINATE REVENUE COURTS
- 20. Legal procedure
- 21. Types of law
- 22. Civil law is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. Parties in civil law: Plaintiff--the person who feels he or she has not been treated fairly by another person and seeks a solution in a civil court. This party has the burden of proving that he or she was treated unfairly. Defendant--the person who the plaintiff claims has treated him or her unfairly.
- 23. Criminal law is concerned with offences against society generally like murder and assault. Crimes are actions which violate the basic rules and principles by which society lives. The aim of a criminal prosecution is to punish the offender with financial penalties or imprisonment. Parties of criminal law: Defendant Prosecutor: Government
- 24. Criminal law vs. civil law Civil Actions Brought by private citizens Person bringing action is known as the plaintiff Plaintiff has the burden of proof – preponderance of the evidence Defendant loses if found liable Usually penalty is money damages Criminal Actions Brought by the government Government is known as the prosecutor Prosecutor has the burden of proof – beyond a reasonable doubt Defendant loses if found guilty Usual penalty is a prison sentence
- 25. Body of law derived from a country's written constitution. It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents. For example Directive principles Fundamental duties
- 26. There has been a dramatic increase in the activities of government during the last hundred years. Schemes have been introduced to help ensure a minimum standard of living for everybody. Government agencies are involved, for example, in the provision of a state retirement pension, income support and child benefit. A large number of disputes arise from the administration of these schemes and a body of law, administrative law, has developed to deal with the complaints of individuals against the decisions of the administering agency.
- 27. Property law Property is. anything that is owned by a person or entity. Property includes:: Personal property, also called as movable property, is anything other than land that can be the subject of ownership, including stocks, money, notes, Patents, and copyrights, as well as intangible property. Real property is land and ordinarily anything erected on, growing on, or affixed to it, including buildings and crops. The term land, in its general usage, includes not only the face of the earth but everything of a permanent nature over or under it, including minerals, oil, and gases.
- 28. A contract is a legally-enforceable promise or set of promises made by one party to another. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation.“ Contract law includes: not allowed to break a contract marriage fishing licences misleading advertisements
- 29. A invites B for dinner in a restaurant. B accepts the invitation. On the appointed day, B goes to the restaurant. To his utter surprise A is not there. Or A is there but refuses to entertain B. B has no remedy against A. In case A is present in the restaurant but B fails to turn-up, then A has no remedy against B. A agrees to sell his motor bicycle to B for Rs. 5,000. The agreement gives rise to a legal obligation on the part of A to deliver the motor bicycle to B and on the part of B to pay Rs. 5,000 to A. The agreement is a contract. If A does not deliver the motor bicycle, then B can go to a court of law and file a suit against A for non- performance of the promise on the part of A. On the other hand, if A has already given the delivery of the motor bicycle and B refuses to make the payment of price, A can go to the court of law and file a suit against B for non-performance of promise.
- 30. Family law is an area of the law that deals with family- related matters and domestic relations, including: abuse of children catering for kids until they are 18 years old domestic violence custody of children registration of birth maintenance issues
- 31. Employment law (also spelled as "labour" law) mediates the relationship between workers (employees), employers, trade unions and the government. Employment law includes: reason for firing someone fair duties as an employer equal opportunities not to work over 40 hours in any one week (appropriate overtime penalties) wrongful dismissal age discrimination
- 32. The word tort comes from the Latin term torquere, which means "twisted or wrong.“ A tort is a civil wrong for which the law provides a remedy. It is a body of rights, remedies that is applied by courts to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury is known as the plaintiff, and the person who is responsible for inflicting the injury is known as the defendant or tortfeasor.
- 33. Intentional torts: Torts against the person include assault, false imprisonment, emotional distress, and fraud. Defamation: it is tarnishing the reputation of someone. Negligence : it is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. It also includes: compensation (dog biting) accidents involving other animals others injuring themselves on your property
- 34. Tax law is an area of legal study dealing with law applicable to taxation. The authority to levy a tax is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is Article 265 of the Constitution which states that "No tax shall be levied or collected except by the authority of law.“ Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature. Tax law
- 35. Income tax (on income of individual) Corporation tax(on org. or corp.) Property tax (on sale/ purchase of property) Custom duty(import and export) Central excise duty (domestic items) Sales tax (sales and purchase of particular commodity)
- 36. International law The body of law that governs the legal relations between or among states or nations. It is of two types: Public International Law- Body of legal rules governing interaction between sovereign states Private International Law- The rights and duties of the citizens of sovereign states towards the citizens of other sovereign states
- 37. Industrial Law It covers a wide range of legal issues from employment laws, environmental laws, contracts, industrial relations to industrial worker safety regulations. Industries are varied and policies are adapted to the various types of business industries such as: Aerospace, Defense, Agriculture, Automotive, Construction, Energy, Health, Telecommunications and Transportation, to name a few.