Professional Documents
Culture Documents
Course Assessment:
Quizzes: Minimum 5 quizzes 10 Marks
Mid Term 25 Marks
Final 40 Marks
Project 20 Marks
Presentation 05 Marks
Syed Salman Ahmed
sirsalmanahmed@yahoo.com
0300-3610026
Yahoo Group Name : bllfall15
Group E-Mail : bllfall15@yahoogroups.com
Criminal Law
Crime is conduct prohibited by law
In criminal case, state is usually the
prosecutor
Guilty persons are punished by fines or
imprisonment
Burden of proof beyond reasonable doubt
is on state
Prosecution is brought in the name of
state
Law : An Introduction
Criminal Law
Sharia law contains concept of Qisas, or
retribution, which in certain cases, gives
legal right to inflict on the wrongdoer
same hurt as he perpetrated on the victim,
or to accept Diyat, compensation,
instead.
Western law focus on punishment, where
victims have to undertake civil law action
for compensation.
Law : An Introduction
Civil Law
Civil Law
Purpose of this course of action is
generally to impose a settlement on matters
either by
financial compensation in the form
of damages
injunctions
other orders
There is no concept of punishment.
Law : An Introduction
Civil Law
Case must be proven on the Balance of
Probability.
Absolute proof or proof beyond doubt is
not required.
Only more probability in favor of one
party over other has to be convinced to
the court.
Burden of proof may shift between the
two parties.
Law : An Introduction
Civil Law
Contract
Tort
Sources of Law
Sources of
Law
Material Formal
Sources Sources
Legal Historical
Sources Sources
Common
Legislation Precedent Customs Agreement Equity
Law
Law : An Introduction
Common Law
Common Law
Equity
Equity
Equity
For example : Salman transferred
property to the legal ownership of
Tahir to pay the income of the property
to Badar (in modern law Tahir is
trustee for Badar), the common law
simply recognized that Tahir was the
owner of the property and gave no
recognition to Tahirs obligation to
Badar. Equity however, recognize the
Tahirs obligation to Badar.
Law : An Introduction
Equity
Better Procedure : Equity could be
more effective than common law in
bringing a disputed matter to decision.
Better Remedies : Alternate remedies
other than monetary compensation for
the successful plaintiff was able to be
ordered by Equity, such as:-
(i) to do what has agreed to do
(specific performance)
Law : An Introduction
Equity
(ii) to abstain from wrongdoing
(injunction)
(iii) to alter a document so that it
reflects the parties true
intentions (rectifications)
(iv) to restore the pre-contract status
quo (rescission)
Law : An Introduction