COI Unit-3 Part-1 Basic Information about Legal System

Que3.1. Explain the term ‘ Law ’. Answer 1. The term law is veritably different in nature. In moment’s world, it’s essential to have an effective legal system for the orderly function of social life and the actuality of humanity. 2. It’s essential for everyone to be apprehensive of the law of the land to avoid any unethical geste
. 3. The term ‘ Law ’ has been deduced from the Teutonic expression ‘ Lag ’ meaning ‘ specific ’. 4. In nonprofessional’s language law means, “ The system of rules which a particular country or community recognizes as regulating the conduct of its members and which it may apply by the duty of penalties ”. Que3.2. What are the major functions of Law? Answer Some of the major functions of law are listed below 1. To deliver justice. 2. To give equivalency and uniformity. 3. To maintain equity. 4. To maintain law and order. 5. To maintain social control. 6. To resolve conflicts. 7. To bring orderly change through law and social reform. Que3.3. What do you understand by the term Sources of law? Compactly describe it. Answer 1. Sources of law are the origins of laws, the list rules that enable any state to govern its home. 2. The term “ source of law ” may occasionally relate to the autonomous or to the seat of power from which the law derives its validity. 3. The sources of law are classified into the following ordersA. Custom 1. Custom can simply be explained as an established mode of social geste
within a community. 2. All customs can not be accepted as sources of law. The courts have laid down some essential tests for customs to be honored as valid sources of law. These tests arei. Antiquity In order to be fairly valid customs should have been in actuality for a long time. ii. nonstop A custom to be valid should have been in nonstop practice. iii. Exercised as a matter of right Custom must be enjoyed openly and with the knowledge of the community. iv. Reasonableness A custom must conform to the morals of justice and public mileage.v. Morality A custom which is immoral or opposed to public policy can not be a valid custom.B. Judicial precedent 1. Judicial precedent refers to preliminarily decided judgments of the superior courts, similar as the High Courts and the Supreme Court, which judges are bound to follow. 2. System of judicial precedent is grounded on the scale of courts. 3. This list character of the preliminarily decided cases is important, considering the scale of the courts established by the legal systems of a particular country. 4. In the case of India, this scale has been established by the Constitution of India.C. Legislation 1. The term ‘ legislation ’ is deduced from the Latin word legis which means’ law’ and latum which means “ to make ”. 2. Legislation is backed by the authority of the autonomous, and it’s directly legislated and recognised by the State. 3. The legislation is considered as a primary source of law in India. Legislation has a wide dimension and it’s used to regulate, authorize, to enable, to give finances, to define, to permission, entitlement, declare or to circumscribe. 4. The council is framed by the congress in the form of new acts, new laws, repeal and correction of old laws. 5. Legislation is further divided into two corridori. Supreme Legislation It’s the parent law that originates from the autonomous strength of the nation. It can not be repealed, annulled or managed by other legislative authority. ii. Inferior Legislation The inferior legislations are dependent on the supreme legislation for their validity and actuality. Que3.4. Explain the court structure in India. Answer 1. Courts in India are divided into three orders the Supreme Court, High Courts, and District Courts. 2. The opinions given by the Supreme Court are binding on all the courts throughout the home of India. 3. While the decision given by the High Courts are binding on the inferior courts within the governance of that particular High Court. 4. Following inflow map explains the court structure in India Que3.5. What do you understand by the term Acts of congress? Answer 1. Acts of congress, occasionally appertained to as primary legislation, are textbooks of law passed by the legislative body of a governance( frequently a congress or council). Basic Information about Legal System 3 – 6 P( NCC- Sem- 5 & 6) 2. Parliament, through an Act of Parliament, can allow someone differently or some body to make enactment. 3. An Act of Parliament makes the system of a specific or particular law and tends to contain an figure of the purpose for the Act. 4. By delegating the legislation by Parliament to the Administrative or any inferior, it empowers different people or bodies to integrate further details to an Act of Parliament. 5. Parliament along these lines licenses others to make laws and guidelines through delegated legislation. 6. The enactment made by authorize person must be made as per the reason set down in the Act of Parliament. Que3.6. How is a law legislated in Parliament? Answer The process of law enactment in Parliament is as follows 1. The ministry drafts a textbook of the proposed law, which is called a ‘ Bill ’, after calling commentary from other ministries, and indeed from the public. The draft is revised to incorporate similar inputs and is also vetted by the Law Ministry. 2. It’s also presented to the Cabinet for blessing. 3. After the Cabinet approves the Bill, it’s introduced in Parliament. 4. In Parliament, it goes through three Readings in both Houses. 5. During the First Reading the Bill is introduced. The preface of a Bill may be opposed and the matter may be put to a vote in the House. 6. After a Bill has been introduced, the Bill may be appertained to the concerned Departmentally Related Standing Committee for examination. 7. The Standing Committee considers the broad objects and the specific clauses of the Bill appertained to it and may invite public commentary on a Bill. It also submits its recommendations in the form of a report to Parliament. 8. In the Second Reading( Consideration), the Bill is scanned completely. Each clause of the Bill is bandied and may be accepted, amended or rejected. The government, or any MP, may introduce emendations to the Bill. still, the government isn’t bound to accept the Committee’s recommendations. 9. During the Third Reading( Passing), the House votes on the reworked Bill. 10. still, it’s also transferred to the other House, where it goes through the alternate and third readings, If the Bill is passed in one House. 11. After both Houses of Parliament pass a Bill, it’s presented to the President for assent. He She has the right to seek information and explanation about the Bill, and may return it to Parliament for retrospection. 12. After the President gives assent, the Bill is notified as an Act. Que3.7. What do you mean by the term common law? Does it apply in India? Answer 1. The Common Law is a body of law deduced from judicial opinions known as case laws, rather than from bills. 2. The Common Law deduced its authority from the universal concurrence and practice of the people from time old. 3. This system of justice originally began in England. 4. Common Law is ungraspable until expressed in a judgment. 5. It includes those rules of law which decide their authority from the statement of principles set up in the opinions of courts. 6. This system of law includes tradition, custom and operation, abecedarian principles and modes of logic. 7. Yes, the common law is applicable in India. Que3.8. How the principles taken from opinions of judges constitute binding legal rules? Answer 1. Judicial precedent or opinions is a process which is followed by the judges to take the decision. 2. In Judicial precedent, the decision is taken by following the analogous cases happed in the history. 3. So judicial decision is grounded on the principle of regard decisis i.e. “ stand by the decision formerly made ”. 4. The reason why a precedent is honored is that the verdict of the bar is assumed to be correct. 5. The use of precedents helps the appellant gain confidence in the judicial system. 6. The administration of the judicial decision becomes just and fair. General Principle of Doctrine of Judicial Precedent There are two rules that apply to the doctrine of judicial precedents

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