LAW
 Ignorance of law is not excused.
There is no uniformity in definition of law.
It change time to time or it should be
according to the society.
New problem- new law.
Definition of law
• a set of rules made by the authorities to reform
the conduct of a man.
• Law in general sense has different
connotations for different people
Definition of law
by scholars
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Different definitions given by some scholars:
Salmond defines law as the body of
principles recognized and applied by the state
in the administration of justice.
According to Austin, "law is the aggregate
of rules set by men as politically superior or
sovereign to men as politically subject.
Cont..
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According to Duguits's definition of law,
Law is also defined in relation with the
society. The aim of the social institutions is
to safeguard and further it.
Roscoe Pound defines law as a social
institution to satisfy social wants. This
approach is very valuable.
Salient Features of law
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Equal treatment
Sovereign authority
Sanction
Justice
Role of Law
Dynamism
Nature of law
• Law is set of rule: published and distributed,
simple, understanding.
• It is made and enforced by state or sovereign
authority.
• It regulates external human action.
• It maintain peace and justice in the society. It
also protect life, liberty and property of the
people.
Cont..
• If law is not followed, then the person will be
punished according to the law.
• Equal treatment to all.
• Means of justice.
• Interpretation by court.
• Dynamic: not static (i.e change)
Types of law
General way we can classify the law in following
terms:
1. Substantive law and Procedural law.
2. Civil law and Criminal law
3. Private law and Public law
4. National law and International law
Substantive law and Procedural law.
Substantive law:
 legal principles
 Subject matter of law
 It is real or actual law
 Defined rights and obligation of the person
 No retrospective effect
Procedural law:
 Means to achieve the aims of law
 It explain the instructions to the remedy
 Influence by retrospective effect
Civil law and Criminal law
Civil law :
 Basically matter of property
 There is no any punishment
 Compensation
 Against people
 E.g, contract, family disputes
Criminal law:
 Punishment
 Party is state
 Crime against state
 E.g, murder
Private law and Public law
Private law:
 Like civil law
 Related to individual interest
Public law:
 Related to public interest
 Crimes regarding the public security
 Public interest litigation
National law and International law
National law:
 Function only in territory of state.
International law:
 Followed by other countries
 E.g, Human rights , WTO
Source of law
1. Tradition, custom and usages.
2. Law made by parliament(legislation).
3. Precedent:
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Law is not clear
similar nature, Similar fact
Ratio decidendi (reason of decision)
Not conflicting with fundamental principle of law
Not overruled by other statute and precedent.
4. Treaties and convention(conventional law).
Cont…
5. Laws of other countries.
6. Writing or opinion of the scholars or experts
7. Executive orders: ordinance
Civil Procedure
 Steps come under civil procedure:
1. Petition: application of plaintiff.
2. Summon: notice issued by court to the defendant with
mentioning subject matter of case and date to be attended
in the court
3. Defendant : defendant attended in court with defence.
4.pleding: both plaintiff and defendant gives arguments for
their claim in front of beach.
5. proof: evidence
6. Judgment: verdict of bench
7. Execution: execute the verdict which is made by bench.