INTRODUCTION TO LEGAL ENVIRONMENT

PHILOSOPHY OF LAW
Any human action that is carried on in a uniform way or style can be described as law. It is a rule relating to the actions of human beings, not their minds but their external actions. It is enforced by State Command of the Sovereign Body of rules accepted by a community

PURPOSE OF LAW
To maintain order and secure justice within a given society The main goal of law is justice as it has the sanction of the state power.

ADVANTAGES OF LAW
To provide uniformity and certainty to the administration of justice Helps to avoid the dangers of arbitrary, biased and dishonest decisions Protects the administration of justice More reliable than individual judgement

 The quarter from where we obtain our knowledge of law The ultimate authority which gives them the force of law i.e. the State Immediate or direct author of the law which means the sovereign in the country Historical document from which the body of law can be known Causes which have brought into existence the rules which later on acquire the force of law.

SOURCES OF LAW

SOURCES
FORMAL SOURCES the sources from which the law derives its force and validity MATERIAL SOURCES elements of constituents of which something is composed LEGAL SOURCES recognized by law itself as authoritative statute law, case law, customary law HISTORICAL SOURCES no binding force juristic writings, literary works, foreign decisions

LEGISLATION
Making or setting of law that source of law which consists in the declaration of legal rules by a competent authority. It is either Supreme when it proceeds from the sovereign power and is incapable of being repealed, annulled or controlled by any other legislative authority Subordinate which proceeds from any other authority other than sovereign power The Parliament of India possesses the power of supreme legislation

CLASSIFICATION OF LAW
IMPERATIVE LAW PHYSICAL OR SCIENTIFIC LAWS NATURAL LAW OR MORAL LAW CONVENTIONAL LAW CUSTOMARY LAW PRACTICAL OR TECHNICAL LAW CIVIL LAW LAW OF CONTRACTS

TORTS
Tortum : wrong , twisted or crooked Tort is a form of civil wrong Wrongful act positive or negative Feasance - doing Malfeasance the act itself is unlawful Misfeasance the act, though lawful, may become unlawful by the manner in which it is done Non feasance non performance of an act Tort V/s Contract Tort V/s Crime

GENERAL CONDITIONS OF LIABILITY IN TORTS

There must be a wrong committed by a person Wrongful act must result in a legal damage A legal remedy in the form of an action for damages Ubi Jus Ibi Remedium : where there is a right, there is a remedy Injuria Sine damno : injury without damage Damnum Sine Injuria : damage without injury

NATIONAL LAW
Law of land pertaining to the Republic of India. Constitution of India is the Supreme law of the nation rights, duties and liberties of the citizens Also known as municipal law

INTERNATIONAL LAW
Law of nations For governance and administration of the people of different countries the govts. Of various nations in the world have passed various rules and regulations

MERCANTILE LAW
It is the name given to that branch of law which is generally applied to cases arising out of mercantile transactions. The main sources are: justice, equity and good conscience A tariff is a tax on the imported products. The basic purpose is to protect the domestic industry by increasing the cost of imported goods. The WTO assists in the implementation, administration and operation of WTO and Multilateral Trade Agreements.

JUSTICE DELIVERY SYSTEM IN INDIA

Court a body in government to which the administration of justice is assigned Judiciary is independent, impartial and guided by the doctrine of Rule of Law . Its sound functioning depends on the systematic establishment and smart functioning of a court system in the country. Individuals approach the court according to the jurisdiction through a lawyer. Jurisdiction of the courts is decided by the nature of law which is classified into Civil and Criminal Law.

CIVIL LAW
It is based on personal laws. It governs the litigation arising between individuals over properties, monetary affairs, ps hip, accident cases, etc. Penalty is civil in nature Liability to compensate will be in the monetary form It is governed by Code of Civil Procedure

INDIAN JUDICIAL HIERARCHY

Constitution of India provides the three tier judiciary, which is independent of the other two organs of the State i.e. the executive and the legislature. Its unique feature is that it distributes powers between the centre and the states. This helps in classifying the courts into district and state level courts

HIERARCHY
SUPREME COURT HIGH COURT SUBORDINATE COURTS A. CIVIL COURTS B. CRIMINAL COURTS

 If an individual violates the provisions of law even against any person, it is treated that the violation affected the public as a whole The obj. is to govern the cases arising out of theft, murder, cheating, etc. Punishment is both monetary and imprisonment and in very rare cases capital punishment is awarded. It is governed under the Code of Criminal Procedure.

CRIMINAL LAW

TRIBUNALS
These are the courts under a special statute A board of officials is appointed to settle the issues and to pronounce the judgment in special cases They are based on natural justice Main purpose is speedy disposal of matters and more concentration on the cases of the same nature. Problems related to taxation, foreign exchange, Labour disputes, land reforms, consumer disputes, etc.