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Basics of Law: Presented by
Basics of Law: Presented by
OF LAW
Presented by
Arun.P
ArunkumarGandhi.G.V
DhivyaLakshmee.K.C
Karunya.J
Keerthana.S
Synopsis
Purpose of law
Sources of law
Types of law
Legal Rights
Civil and Criminal Law
Contract and Civil Law
Definition of law
Salmond’s definition-
Law is the body of principles recognized
and applied by the State in the
administration of justice. It is a code of
conduct established and enforced by the
State.
Blackstone’s definition
Law in its most general and comprehensive
sense signifies a rule of action and is applied
indiscriminately to all kinds of actions whether
animate, rational or irrational. Thus we say,
the laws of motion, of gravitation, of optic or
mechanics, as well as the laws of nature and
nation.
Law – used in two
senses…
1. Concrete – lex loci
2. Abstract - jus
In the concrete sense, we speak of “a law” to
indicate a statute, ordinance, decree or an Act
of a Parliament.
In the abstract sense, we speak of law to
denote the entire body of legal principles
prevailing in a particular system.
E.g.-the law of libel, the criminal law, etc.
Purpose of law
¡ Justice: Law as an instrument to secure
justice
¡ Equality: Law to ensure equal treatment
to all alike
¡ Uniformity: Law to lay emphasis on
social order, stability and security
Sources of law
1. Customs – Practices developed out of
conveniences and necessity; leads to
Customary Law
2. Judicial Precedents – Decisions by Courts
administering the law leading to case-law
3. Legislation / Statute Law – Making of law
by some authority, written, codified and
referred to as enacted law
- Supreme and Subordinate Legislation
Custom
Defined as the uniformity of conduct of
people under like circumstances.
Before any definite agency for social control
is developed, there exists a control arising
partly from the public opinion of the living,
and more largely from the public opinion of the
dead – Herbert Spencer.
Tradition passed on from one generation to
another that originally governed human
conduct.
Judicial Precedent
Decision of a court should have binding
force on like cases in the future and so
contribute to the material content of the
legal system.
Adherence to precedent is necessary if
litigants are to have faith in the even-handed
administration of justice and the legal
system is to attain any degree of certainty.
Legislation
Means promulgation of legal rules by an
authority duly empowered in that behalf.
One view is that legislation has no independent
creative role at all, for its only legitimate purpose
is to give better form and make more effective the
customs spontaneously developed by the people,
mostly by offering a reward or threatening a
punishment as a consequence of particular
conduct.
Statute
A statute is a formal written enactment of a
legislative authority that governs a state, city,
or county.
Typically, statutes command or prohibit
something, or declare policy.
The word is often used to distinguish law
made by legislative bodies from case law and
the regulations issued by government agencies.
Statute contains…
1. Long title
2. The Preamble
3. Short Title
4. Commencement & Extent Clause
Material portions-statute
1. Definitions
2. Operative Sections
3. Procedural provisions
4. Exceptions
5. Provisions regarded delegated legislation
6. Repeal and amendment clause
CLASSIFICATION
OF LAW
Classification of laws
1. Municipal law and International law
2. Civil law and Criminal law
3. Public law and Private law
4. Substantive law and Procedural law
Municipal law
Municipal law or State law or national
law is the law of a State or a country that
consists of rules which civilized States
consider as binding upon them in their
mutual relations.
International Law
International law regulates rules between
countries and comprises of public and private
International legal principles.
Public International law :
Nations agreeing to have some norms of
conduct towards one another.
Private International law :
Deals with cases involving foreign element
and concerns with the civil rights and duties of
the individuals.
Differences between Municipal and
International law
Municipal law International law
Municipal law focuses on the relationship International law regulates rules between
between the states and is concerned with countries across the globe.
laws within a specific country
Municipal court system uses a legislature The international court system relies on a
to help enforce and test the laws. series of treaties without a legislature
which, in essence, makes all countries
equal.
The municipal courts have a law The international court system has no
enforcement arm which helps require enforcement and must rely on the
those it determines to follow the rules, and cooperation of other countries for
if they do not they are required to attend enforcement
court.
Civil law
Civil law – Concerned with the rights and
duties of individuals to one another and
provides a system of remedies’
- Family law, law of property, law of
succession, law of contracts, etc.
- Common legal consequence : Award of
damages for a civil wrong
Criminal law
Criminal law deals with acts of
intentional harm to individuals but which,
in a larger sense, are offences against us
all.
Crime is an act of disobedience of the
law, forbidden under the pain of
punishment
Instrument of social control.
Differences between Criminal and
Civil law
Criminal law Civil law
Administrative law:
It refers to the body of law which regulates
bureaucratic managerial procedures and
defines the powers of administrative agencies .
Criminal law: