Scribd Logo
Upload

Welcome to Scribd!

  • Basics of Law: Presented by

    Uploaded by

    gayukutty7
    90 views47 pages
    The document provides an overview of basics of law, including definitions of law, purposes of law, sources of law, and classifications of law. It discusses Salmond's and Blackstone's definitions of law. It describes the sources of law as customs, judicial precedents, and legislation. It also defines key terms like statute, precedent, and legislation. Furthermore, it outlines the classifications of law into municipal and international law, civil and criminal law, public and private law, substantive and procedural law. Finally, it provides examples of areas of law in the Indian legal framework.

    Original Description:

    Original Title

    Basics of Law

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document provides an overview of basics of law, including definitions of law, purposes of law, sources of law, and classifications of law. It discusses Salmond's and Blackstone's definitions of law. It describes the sources of law as customs, judicial precedents, and legislation. It also defines key terms like statute, precedent, and legislation. Furthermore, it outlines the classifications of law into municipal and international law, civil and criminal law, public and private law, substantive and procedural law. Finally, it provides examples of areas of law in the Indian legal framework.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as ppt, pdf, or txt
    90 views47 pages

    Basics of Law: Presented by

    Uploaded by

    gayukutty7
    The document provides an overview of basics of law, including definitions of law, purposes of law, sources of law, and classifications of law. It discusses Salmond's and Blackstone's definitions of law. It describes the sources of law as customs, judicial precedents, and legislation. It also defines key terms like statute, precedent, and legislation. Furthermore, it outlines the classifications of law into municipal and international law, civil and criminal law, public and private law, substantive and procedural law. Finally, it provides examples of areas of law in the Indian legal framework.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as ppt, pdf, or txt
    of 47

    BASICS

    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

    In criminal law, a guilty defendant is A defendant in civil litigation is


    punished by either (1) incarceration in never incarcerated and never
    a jail or prison, (2) fine paid to the executed. In general, a losing
    government, or, in exceptional cases, defendant in civil litigation only
    (3) execution of the defendant: the reimburses the plaintiff for losses
    death penalty. caused by the defendant's behaviour.

    In criminal litigation, the burden of In civil litigation, the burden of proof


    proof is always on the state. The state is initially on the plaintiff.
    must prove that the defendant is guilty
    • Public law is a theory of law governing the
    relationship between individuals(citizens,
    companies).
    • The sub-divisions of public law are
    •Constitutional law
    •Administrative law
    •Criminal law
    Constitutional law:
    It deals with the relationship between the state
    and individual and the relationships between
    different branches of the state such as the
    executive, the legislative and the judiciary.

    Administrative law:
    It refers to the body of law which regulates
    bureaucratic managerial procedures and
    defines the powers of administrative agencies .
    Criminal law:

    It is the state imposing sanctions for defined


    crimes committed by individuals or businesses,
    so that society can achieve its brand of justice
    and a peaceable social order.
    Private Law
    Private law (Civil law) is that part of a legal
    system that involves relationships between
    individuals.
    Private law comprises of
    Labor law
    Commercial law
    Corporations law
    Competition law
    Competition law
    This laws promotes or maintain market
    competition by regulating anti-competitive
    conduct.
    Commercial law
    Commercial law (sometimes known as
    business law) is the body of law that governs
    business and commercial transactions.
    It is often considered to be a branch of civil
    law and deals with issues of both private law
    and public law.
    Labor law
     Labor law (or "labor", or "employment"
    law) is the body of laws, administrative
    rulings, and precedents which address the
    legal rights of, and restrictions on, working
    people and their organizations
    Procedural Law
    Procedural law comprises the rule by
    which a court hears and determines what
    happens in civil law suit, criminal or
    administrative proceedings.
    Substantive Law
    Substantive law is the statutory or written law
    that governs rights and obligations of those
    who are subject to it.
    Substantive law defines the legal relationship
    of people with other people or between them
    and the state.
    Indian legal
    framework
    Contract Act – Agency, Guarantee, Bailment,
    Pledge,
    Insurance Law
    Transfer of property Act
    Banking Regulation Act
    Negotiable Instruments Act
    Companies Act
    Information Technology Act
    Arbitration Act
    Consumer Protection Act
    Indian Stamp Act
    Limitation Act
    Intellectual Property Rights –
    - Copyrights Act
    - Trademark & Merchandise Act
    - Patent Act
    SEBI Act
    Securities Contract Regulation Act
    Cont…
    1. Contract
    A contract is an agreement, enforceable by law made
    between at least two parties by which rights are acquired
    by one and obligation are created on the part of other.
    - Indian contract act originated in1872.
    Guarantee
    - Contract of guarantee is “a contract to perform the
    promise, or discharge the liability of a third person in case
    of his default”
    - The guarantee is generally made use of to secure loans
    (security to creditor)
    • Bailment and pledge
    Its defined as delivery of goods by one to
    another person for some purpose,upon a contract
    that they shall,when the purpose is
    accomplished,be returned or otherwise disposed of
    according to the direction of person delivering
    them
    • Agency
    A person employed to do any act for another
    or to represent other dealings with third person.
    2. Insurance law
    Insurance law is the name given to practices of
    law surrounding  insurance policies and claims.
    It can be broadly broken into two categories -
    -Regulation of the business of Insurance
    -Regulation of claim handling.
    Originated in India in 1818
    3. Transfer of Property Act,1882
    Transfer of property means an act by which a
    living person conveys property, in present or in
    future, to one or more other living persons, or
    to himself and one or more other living
    persons.
    In this section “living person includes a
    company or association or body of
    individuals”.
    4. Banking Regulation Act
    • The Banking Regulation Act was passed as the
    Banking Companies Act 1949 and came into
    force on 16.3.1949.
    • Banking means accepting for the purpose of
    lending or investment of deposits of money
    from public repayable on demand or otherwise
    and withdrawable by cheque, drafts order or
    otherwise
    5. Negotiable Instruments Act

    The act was originated in 1881


    An act to defend and amend the law relating to
    promissory notes, bills of exchange and
    cheques
    6.Companies act 1956
    An Act to consolidate and amend the law relating to companies and certain other associations
    7. Arbitration act 1940
    An Act to consolidate and amend the law relating to Arbitration
    8. Consumer Protection Act 1986
    An Act to provide for better protection of
    the interests of consumers and for that purpose
    to make provision for the establishment of
    consumer councils and other authorities for the
    settlement of consumers' disputes and for
    matters connected therewith.
    9. Stamp act 1899
    • A stamp act is a law enacted by government that requires
    a tax to be paid on the transfer of certain documents.
    • Those that pay the tax receive an official stamp on their
    documents.
    • A variety of products have been covered by stamp acts
    including playing cards, patent medicines , cheques ,
    mortgages, contracts and newspaper. The items often
    have to be physically stamped at approved government
    offices following payment of the duty.
    10. Limitation act
    • An Act to consolidate and amend the law for the
    limitation of suits and other proceedings and for
    purposes connected therewith.
    • Originated in15th October,1963

    11. Information Technology Act ,2000 


    • An Act to provide legal recognition for
    transactions carried out by means of electronic
    data interchange and other means of electronic
    communication, commonly referred to as
    "electronic commerce.
      
    12. Intellectual Property Rights
    It allows people to assert ownership rights on
    the outcomes of their creativity and innovative
    activity in the same way that hey can own their
    physical property.
    A) The Trade and Merchandise Marks Act
     Act was originated in 1958
    • An Act to provide for the registration and
    better protection of trade marks and for the
    prevention of the use of fraudulent marks on
    merchandise.
    • Trademark mark is one which differ the ones
    product from the other.
    b) Patent act
    Indian Patent Act, 1970 grants exclusive right to the
    inventor for his invention for limited period of time.
    The objective is to protect the intellectual property
    rights of a person to whom the patent has been granted.
     Generally 20 years time has been granted to the patent
    holder but in case of inventions relating to
    manufacturing of food or drugs or medicine it is for
    seven years from the date of patent.
    13. SEBI ACT
    • This Act called as the Securities and Exchange Board
    of India Act, 1992 to meet the requirements of
    changing needs of the securities market and
    responding to the development in the securities
    market
    14. Securities Contract Regulation Act
    • An act to prevent undesirable transactions in securities
    by regulating the business of dealing therein by
    providing for certain other matters concerned with.
    • The Act came into force on 20 February, 1957
    THANK YOU

    You might also like