Introduction to Law[1]

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What is Law?y Law provides rules

y It tells us what we can and cannot do

y This is applicable to personal issues (e.g. criminallaw) and business issues (e.g. contract law)

y Societies require order to allow people to live anddeal with each other

y Law is a means of creating and maintaining socialorder

y It does this by helping to deal with arguments andconflicts

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y The body of rules accepted by a community; or

y The command of the sovereign; ory The body of rules recognized and enforced by

courts of law; or

yAbstract norms that make up a legal order

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DEFINITIONS

y Law in its most general and comprehensive sense

signifies- a rule of action and it applies indiscriminately toall kinds of action, animate or inanimate; rational orirrational- Blackstone

y Law in general, is a rule of being or of conduct, establishedby an authority able to enforce its will; a controlling

regulation; the mode or order according to which an agentor a power acts.

y Law is a general rule of external human action enforced bythe Sovereign Political Authority- Holland


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y The word Law includes anyordinance, order, by-law,

rule, regulation, notification, custom or usage havingin the territory of India the force of Law.

y Law-in-Force includes laws passed or made bylegislature or other competent authority in the

territory of India and that is in operation and notrepealed Indian Constitution.


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Categories of Law

y Common Law

y Civil Lawy Statute law

y Private Law

y Public Law

y Criminal Law

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Common Law

y Common Law is used to describe legal systems

based on the English legal systemy These are usually countries which were once part of

the British Empire

y eg: America, Australia, New Zealand

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Civil Law

y Civil Law is used to describe legal systems which are

based on old Roman Law (from the Roman Empire inwhat is now Italy)

y eg: France, Germany

y China is usually classified as a civil law system,

although it is not based on Roman Law

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Common Law v. Civil Law

Common Law

y Case law and the courtsare most importantsource of law

Civil Law

y Consists of a legal codeof general principleswhich is the source oflaw

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Statute Law

y Statute Lawis legislation created by the

governmenty Eg. Sale of Goods Act 1930

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Private Law and Public Law

y Private Law and Public Law are concerned with

relationships

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Public Law

y Public law is the law which deals with the powers and

obligations of governments and citizens

y there are three main types of public law

y Criminal law body of rules under which certain acts are

punished by the state

y Administrative law laws dealing with government

powers/decisions

y Constitutional law rules governing the executive,

judiciary and legislative functions


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Private Law

Private law is the law which aims to regulatethe relationships between individuals,companies and organisations.

y There are three main areas of private law:

contract law agreement between two or more partiesrecognised under the law

tort law Civil Wrongs, interfering with the right of

someone else (Negligence, nuisance, trespassing,defamation

property law wide area of law dealing with thingsowned and that of commercial value


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Criminal Lawy Criminal Law deals with rules created by the State

which forbid certain behaviour

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These are crimesy Criminal Law punishes people

y it does not provide remedies

y Criminal Law is usually what people think of when

they think about The Lawy Criminal Law is part of Public Law

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PURPOSEOF LAW

y Maintain order and secure justice within a given

society, maintain status quo in society ensuringstability and security of social order, enableindividuals, maximum of freedom to assert themselvesand determine the sphere within which the existence

and activity of each individual will be secure and free.


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ADVANTAGESOF LAWy Provides uniformity and certainty to the

administration of justice.

yAvoid dangers of arbitrary, biased and dishonestdecisions.

y Protects administration of justice from errors ofindividual judgment.

y More reliable than individual judgment.

Introduction to Law[1]

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