What is Law

y In general, a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts. y Rules established by a governing authority to institute and maintain orderly coexistence. y y Law is a system of rights and obligations which the state enforces. (T.H Green) Law is a general rule of action, taking cognizance only of external acts, enforced by a determinate authority, which authority is human, and among human authorities is that which is paramount in a political society. (Holland) Every citizen ought to know the Law of the Land. There is no excuse for not knowing the law. It will not help a person defend him or herself in a legal crisis. Ignorance can never be explained away. Even when you have not acted against the law, you might need to know the law in order to protect yourself from people who might violate the law. To know ones rights and privileges is not only beneficial, it is absolutely essential. You will never know when the information you have at your disposal might come in handy. Having it ready before any crisis strikes will help you take immensely wiser and more informed decisions which you will not regret later. Just as there are varied disciplines in the field of medicine, there is a wide range of divisions when it comes to law. For instance, everyone knows that you don't visit a general physician for a severe heart ailment. You want to consult a heart specialist in this case. Likewise, for every particular type of law, there are specific attorneys who specialize in that particular field. It really helps to search and identify the suitable attorney for your particular case, instead of heading to the nearest or most familiar attorney for every case.

Do we really need it?

As such, there is no single or correct answer to this question. In past no one really questioned lawmakers, law distributors, or the laws themselves. But of late, society has begun to question most legal activities as to their effectiveness and competence. The cause of these reviews has emerged by changing times, changing thoughts, understanding, beliefs, as well as the

development of technology and other such new developments within societies. There are 2 sources of law parliament (legislation) and court (case) made law. These laws can be regarded as being purely formal, irrespective of whether they are good or bad. The disputed question is "is law really needed"? As simplistic as it may seem to answer, it is fundamental that we ask. Personally, laws are guidelines that set out appropriate behaviour that has been developed over time, and are based on moral beliefs, a human condition that sets out a purpose that society in general is called upon or required to fulfill. Without the fulfillment of these desired tasks, man simply will become equal to animals or worse still, allow their darker sides (or impulses) to emerge and control their lives. Thus, law acts as a guardian against the inevitable anarchy that would engulf humanity (if you want proof, simply turn to the riots that take place in America when officers of the law go out on strike). On the other hand, we have those who believe that mankind is naturally good, and it is the external forces that surround us that are completely responsible for any wrong doing that takes place for instance, the government. Augustines assertion that law was a natural necessity to curb mans sinful nature held the field for many centuries. But the belief that mans nature might be corrupt and sinful has been at times weighed against the belief that man posses a natural virtue which is capable of development. Leaning heavily upon Aristotles conception of the natural development of the state from mans social impulses, Aquinas held that the state was not necessary evil but was a natural foundation in the development of human welfare.

Types of Law
Admiralty Law: The Admiralty Law is also known as Maritime Law .All countries have maritime laws and they are responsible for their vessels regardless of which ocean they are sailing in. Admiralty Law Attorneys represent cases of all matters concerning cargo disputes, oil pollution, fishing regulations, international trade, cargo and injury that takes place on docks and vessels. Admiralty Law Attorneys also offer advice on trade laws, legal matters concerning environmental groups and the protection of endangered species. Admiralty Law also covers freight and passenger liabilities. Aviation Law: Laws have been instituted by state and federal governments to enhance safety in air traffic.

Bankruptcy Law: When an individual or a company files for relief of debt, it is termed as Bankruptcy. Civil Rights: A Civil Rights Attorney has the responsibility of defending the rights and privileges granted to all citizens. These include freedom from slavery, freedom to vote, freedom of assembly, freedom of the press, freedom of speech and the right to be treated fairly in public places. Consumer Rights : The Attorney General of a particular state houses the division of Consumer protection and its team of consumer fraud attorneys. Complaints about misleading advertising or business practices that are unlawful can be filed and that division investigates and mediates on behalf of the consumer. Corporate Law : A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to disseminate laws relating to the creation, organization and dissolution of corporations. Criminal Law: A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Criminal laws vary significantly from state to state. Elder Law : The three major categories that make up elder law are Estate planning and administration, including tax questions; Medicaid, disability and other long-term care issues; and Guardianship, conservatorship and commitment matters, including fiduciary administration. Employment Law : Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Family Law : Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary

matters including divorce, annulment, property settlements, alimony, and parental responsibility orders. Immigration Law : Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations.It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Intellectual Property : Patents, copyrights, trademarks and related interests are known as intellectual property (IP). Labor Law : The goal of labor laws is to equalize the bargaining power between employers and employees. The laws primarily deal with the relationship between employers and unions. Military Law : The Constitution grants to Congress the power to raise and support armies and a navy, to suppress insurrections, and repel invasion among other military-related governmental roles. Personal Injury Law : Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortuous conduct or for monetary damages. Product Liability : Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Real Estate : Real estate transactions are governed by a wide body of federal statutes and state statutory and common law. The requirements established by state law often differ significantly from one state to the next.

Taxation : Taxation is a complex system which may involve payment to at least four different levels of government and many methods of taxation.

What are the sources of Law

Sources of law are the materials and processes out of which law is developed. In modern nation states, the basic sources of law include a Constitution, statutes, case law, and regulations issued by government agencies. Certain sources of law are discussed below.

Customs
It is the earliest source of law. A custom is the habit of the people transferred to them from generation to generation as their essential tradition. It deals with the such affairs and relations, which occur repeatedly in the social life of people. Custom was the king of the people before the political sovereignty arose. Even today many laws are derived from them, these are called the customer laws.

Judicial Decisions
Judges are primarily concerned with the indication or settlement of disputes according to the existing laws. But sometimes a case may be of such a nature that the existing law may not cover it fully. If so judge would interpret the existing law in order to deal with the case. Thus his decision would extend the existing law and would become a precedent for the lower courts to follow. Such decisions are called the judge made laws or the precedents or the case laws. However judges do not make law in the same manner as the legislation does.

Equity
The term equality means equality, justice or fairness. In law it means the power of a judge to decide a case according to his sense of justice or fairness. There are three occasions when a judge has to decide a case not according to law but his sense of justice. They are

Firstly when case is of such a nature that no law actually exists about it.

Secondly when existing law is apparently unjust and therefore to apply it would cause injustice. Thirdly when the social conditions have so changed that to apply an old law would cause injustice. They are called the equity cases. In such cases judge will be guided by his sense of justice not by the existing law. In England there are special equity courts but in Pakistan the judges of high court and supreme court act as equity judges.

Legislation
It is the most modern and most important source of law nowadays. Custom, religion and other sources of law are unable to deal with the fast changing and complex decision needs of the modern social life. Hence the state or legal sovereign has itself assumed the duty of making new laws. In democratic or representative governments this function is performed by the legislature or the law making organ of the government. The laws made by the legislature are called the statutes.

What is Legislation
Legislation or "statutory law" is law which has been formed by a legislature or other governing body. The term may refer to a single law, or the collective body of enacted law, while "statute" is also used to refer to a single law. Before an item of legislation becomes law it may be known as a bill, which is typically also known as "legislation" while it remains under active consideration. Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, where it is debated by members of the legislature and is often amended before passage. Legislation exists in two principal forms: Acts/Statutes, and delegated/subordinate legislation, such as rules, regulations and by-laws. The Commonwealth now refers to delegated legislation as legislative instruments.

Subordinate Legislation Subordinate legislation is a collective term for statutory rules, regulations, ordinances, by-laws and rules. It is made by persons or bodies to whom Parliament has delegated some of its lawmaking powers (often a government department). The authority to make subordinate legislation is conferred by an Act of Parliament, known as an enabling or delegating Act. Many principal Acts are also enabling acts. The enabling Act may, and often does, stipulate requirements about the way the subordinate legislation is to be made. Acts are usually general in nature, establishing broad principles. Subordinate legislation will contain the many details necessary to ensure that the Act will operate successfully. Finding and updating subordinate legislation is a very similar process to finding and updating Acts. Delegated legislation Delegated legislation (also referred to as secondary legislation or subordinate legislation) is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation. It is law made by a person or body other than the legislature but with the legislature's authority. Those who have the formal power to create legislation are known as legislators.

Sources of Legislation
Ideas for legislation come from many sources. Legislators who have experience and knowledge in a particular field introduce bills that they think will improve or correct that field. Legislation is not motivated solely by ideas. Modern legislation is often concerned with changing or protecting social and economic interests. Interest groups usually become involved in the legislative process through lobbyists. Legislative Procedure Constitutions often require an affirmative vote by a majority of all the members of a house, not merely those present, in order to pass a bill.

The Enactment of a Bill A bill must follow certain customary steps through a legislature. It is introduced by an elected member who acts as a sponsor. When the bill is introduced, it is referred to a standing committee. Whenever possible the bill's sponsors and the legislative leadership attempt to steer the bill to a particular committee. Once the bill is referred, the committee must be convinced to place it on the agenda so that it can be considered and passed. Then bill is presented for approval in the first house. In a bicameral legislature, once a bill is passed in one house, the chances for success in the second house are good because the bill has become a product of compromise. There is no concern about wasting time on a bill that can never succeed, because the bill has already cleared the other house. Busy legislators prefer not to repeat debates that have already been extensive in the first house, and they respect the value of cooperation between the two houses. Once the bill is approved by both houses, it is put into final form and transmitted to the executive. Executive Veto Power An executive can refuse to sign a bill and can return it to the legislature with a veto message explaining why. If the executive does not sign a bill or return it to the legislature with a message of disapproval, the bill becomes law within a prescribed number of days

How law can be made in parliament

Process of Law making 1) First Reading: In the first reading title of Bill is presented, formally read out then printed and publish. 2) Second Reading: In charge explain purpose of Bill and general discussion provided Bill survives to committees. 3) Committee Stage: At the third stage the bill is discussed in standing committee, members of parliament are chosen according to party strength. 4) Report Stage: Standing committee formally reported progress to house.

5) Third Reading: Bill is debated again in general terms and if the majority is in favor it then moves to other House. 6) Upper House: Bill passes similar procedure. 7) Presidential Ascent: Presidential ascent is then required to finally pass and approve the bill to become a law. President can refuse to sign a bill and can return it to the legislature with a veto message explaining why. If the executive does not sign a bill or return it to the legislature with a message of disapproval, the bill becomes law within a prescribed number of days.

How law can be amended?

If any law requires amendments then it has to be pass from the same process that is for the making of new law. President can amend the law and publish it to the public but in this case the amendment is to be approved by the parliament within the specified period of time.

Utility of Law
The Importance of Law the Law, those two words may strike fear in the minds of many people living in todays society. The truth is that the law is not implicated to create fear or scare societys individuals; it is in place as a basis for society. Our society uses the law and law enforcement as the primary building blocks on which it is built upon. Without the law in place we would have no structure. Law and order is essential in all communities. In an orderly lawabiding community people can plan ahead, work in safety and do business in trust. In most modern societies order means stability. The guarantees of this order take place in the form of laws. Laws are rules and customs that the citizens of a community regard as binding upon them and can be enforced by the courts.

Utility of Business law

There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. Business Law in Pakistan This overview of business laws of Pakistan is a very brief description of common forms of businesses adopted by private and public sector investors in Pakistan. An attempt has also been made to outline general requirements and regulatory regimes for each of these forms of businesses in Pakistan. Main forms of business organisations adopted by private sector in Pakistan are as follows:
y y y y

Sole proprietorship in Pakistan Partnership in Pakistan Limited liability company in Pakistan Joint venture in Pakistan

Many federal and state laws protect consumers from fraudulent business acts, misleading advertisements, and defective products. These laws also mandate various credit rules and disclosures. A number of laws may affect the contents of your contracts. But many will purely be the subject of negotiations, so make sure you know the key issues when negotiating and preparing contracts. Many federal and state laws regulate emissions, asbestos, hazardous wastes, discharge of waste water and other items that affect the environment. Intellectual property laws generally apply to copyright, patents, trademarks, and trade secrets. These laws protect your ideas and inventions, but they can also be used against you if you infringe upon another company's rights.In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

How law can be amended

Polititcs is all about votes so you need to get as many people on side as possible, and get some positive press. If the papers are on your side the government is more likely to cave in under the pressure in the interest of public relations.

How it can be made in a parliament

Parliament is comprised of two chambers. The House of Lords and the House of Commons which are the upper house and lower house. The procedure by which legislative law is translated into an act of parliament is long and complicated. Until all the stages in the process have been completed the proposed act is known as a bill, and there are different types of bills. Public bill: It changes general laws affect the whole of the country. It is assumed that the bill extends to all the states or the provinces, unless there is a specific provision to the contrary. Private bill: Private bills do not alter the law for the whole community but deals with matters of concern in a particular locality, private bills are mainly promoted by local authorities seeking additional powers to those granted by General legislation. Governmental bills: Government bills are introduced by a minister, with a backing on the Government and are almost certain to become law. Some of the bills are designed to implement the Government political policies but others may be introduced to deal with an emergency, or to amend is to consolidate earlier legislation. Private members bill: There are introduced by any MP without guaranteed governmental backing. They usually deal with moral or legal matters. A private members bill is unlikely to become law, unless the Government lends its support. A bill must pass through several stages receiving the consent of the parliament before it is presented for the royal/ presidential assent.

ASSIGNMENT #1

y y

Presented to: Prof. S.Haq Presented By: Ume Ammara

y Submission Date: 11-11-09