KINDS/TYPES OF LAW

LLB (First Semester)

Law is a horrible business
Clarenence Darrow
 Law….definition
• Law is a set rules, principle and regulations
established in a community by some
authority(Parliament) and applicable (Through
executive) to its people, whether in the form
of legislation or of custom and policies
recognized and enforced by state authority.
 Law….....definition
• The system of rules which a particular country or
community recognizes as regulating the actions
of its members and which it may enforce by the
imposition of penalties.
• It is any rule of action and includes any standard
or pattern to which actions are to be conformed.
It means a body of rules of conduct, action or
behavior of person, made and enforced by the
State. It expresses a rule of human action. It is a
general rule of external human action enforced
by a sovereign political authority.
 Law…..definition
• Law is a system of rules that are enforced through social
institutions to govern behavior. Laws can be made by a collective
legislature or by a single legislator, resulting in statutes, by the
executive through decrees and regulations, or by judges through
binding precedent, normally in common law jurisdictions.
• Laws means justice, morality, reason, order, righteousness & etc.
• Laws means statues, Acts. Rules, regulations, orders, ordinances &
• etc.
• Law means and involves a uniformity of behavior, a constancy of
happenings or a course of events, rules of action, whether in the
phenomena of nature of in the ways of rational human beings.
• In short, it means an order of the universe, of events, of things or
action as well as it is body of rules of conduct, action or behaviour
of person, made and enforced by the State. It expresses a rule of
human action.
 Objective of Law
• To create Social Order in society.
• What is Society?
• What is Social Order?
 SOCIETY
• A society, or a human society, is a group of people
involved with each other through persistent relations,
or a large social grouping sharing the same
geographical or social territory, typically subject to the
same political authority and dominant cultural
expectations.
• Human societies are characterized by patterns of
relationship (social relationship) between individuals
who share a distinctive culture and institutions; a
given society may be described as the sum of total of
such relationship among its constituent members.
 Social Order
Social Order is fundamental concept in sociology
that refers to the way the various components of
society work together to maintain the status quo.
They include:-
• Social structure and institutions
• Social Relations
• Social interaction and behaviours
• Cultural features such as norms, beliefs, and
values
 Social Order
• Social Order is present when individual agree
to a shared social contract that states that
certain rules and laws must be abided and
certain standards, values and norms
maintained.
 Social Order
• Social Order can be observed within national
societies, geographical regions, instiutions and
organziation, communities, formal and
informal groups and even at the scale og
global society.
• The how Society Changes ? SOCIAL
CHANGE…...(please refer your sociology
classes)
 TYPES/KINDS
• General Law: The entire body of law consists of
the general law and specific law. It may be
described as that part of the law, which concerns,
and applies to all persons without discrimination
and which is not limited in its application to a
particular locality, but applies to he whole of the
territory in the country. It is the ordinary law of
the land. It is the law of the realm. The general
law is divided into three classes according to its
sources- such as statute law, equality, common
law,
 Law and Equity
• Law:
• Equity: a branch of law that developed alongside common
law and is concerned with fairness and justice, formerly
administered in special Courts.
• HISTORY OF EQUITY: People for seeking justice through
Courts which required formal rules, facts and procedures.
• Kings and Council enjoyed enormous residual powers to do
justice in special cases.
• Using this power, the King started referring special cases to
the Chancellor, the chief law member of Council.
• The system was developed in 17th Century.
 Law and Equity…....cont
• The Chancellor used to give in special cases, if
the relief under the Writ System of law courts
was inadequate.
• This led to the development of “Chancery
Court.”
• A supplement system was developed
“EQUITY.”
 Law and Equity…....cont
• Difference Equitable Remedies and remedies under the
Legal Procedure/Writ are following:-
a)The absence of Jury
b) A more flexible procedure
c) A wider scope of review on appeal
d) Courts generally restricted to the award of money
damages as relief, equity operated on the defendant; (the
court could, for example, issue an injunction, forbidding
specified acts in order to prevent further injury, or it could
decree specific performance, ordering performance of an
obligation, a defendant disobeyed could be punished by fine
imprisonment for contempt of court till compliance.
d) Equity gave to new institutions for example, trust.
 EQUITY and LAW Courts Merged
• In 1875, through the act of Parliament , the
The Judicature Act, 1875, the Chancery of
courts were merged with other courts.
• Further will be on the Module “ Law of Equity
and Trust”
 SUBSTANTANTIVE LAW AND
PROCEDURAL LAW
• Procedure is concerned with all aspects of the
conduct of legal controversy before the courts,
including access to the courts, who may sue and
be sued, the form of the action, the availability, of
counterclaim, the conditions of maintaining suits,
the steps before trial, the method of proof,
remedies, the effects of the court’s judgment,
and appeal.
• Procedure includes both Civil and and Criminal
Procedure.
• CPC, 1908 and CrPC, 1898, Limitation Act, 1908
 SUBSTANTANTIVE LAW AND
PROCEDURAL LAW…...con
• SUBSTANTIVE LAW: It creates or abolishes rights,
obligations and duties.
• Substantive law, both civil and criminal, may declare
any act lawful or unlawful.
• WHAT IS LIMITATION ?
A STATUTE OF LIMITATION: ( Limitation Act, 1908) may be
regarded as “Procedural” as barring remedy, for one
purpose and as “Substantive” as terminating a right.

• But such Borderline cases is relatively small, and the

boundaries of the field of proecdure are in the main
well established.
 PUBLIC LAW AND PRIVATE LAW
• These are Substantive Laws.

• The classification some times confusing? WHY

PUBLIC LAW encompasses those that rights that enforced though the administrative
process.

PRIVATE LAW in concerned with those that are left to enforcement on private initiative
through the law courts.

THIS CONFUNSION IS BECAUSE

IT IS CONSDIERED

THIS IS A NARROW DESCRIPTION

PUBLIC LAW AND PRIVATE LAW…..cont
• For example,,, Constitutional Law is applied in
resolving the disputes in private parties.
• BUT, in larger prescriptive, Public Law includes the field
on Constitutional and Administrative Law. OR
• Related to Labour Laws, Criminal Law are examples of
Public Law
• As Labour Laws concerned with the Government
control over labour relations and trade regulations.
• Private Laws: include Contract Law, Family Laws,
Property Laws, Law of Torts etc.
 PUBLIC LAW
• There are several Public Laws:-
1. Constitutional Law
2. Administrative Law
3. Regulatory Laws
4. Employment and Labour Laws
5. Tax laws
6. Criminal Law
7. Environmental Law
 Constitutional Law
• It can be defined as:-
• A body of fundamental principles or established
precedents according to which a state or other
organization is acknowledged. OR
• The basic law or laws of nation or a state which sets
out how a state will be organized by deciding the
powers and authorities of government between
different political units, and by stating the basic law-
making and structural principles of society. OR
• Or simply thhe constitutions is referred as the “law of
Land”
• CONSTITUTION SERVES TWO BASIC PURPOSES
 1. Constitution serves as Supreme or
Fundamental Law
• It is the charter that created a government
• It is binding all individual citizens and parts of
the government together as one
• It is the ultimate law; the law other laws must
abide by
• It is the test of legality by government
officials.
2. Establishes the basic framework and
underlying principles of the
Government
• Prescribes the permanent framework of the
system of government, and assigns to the
different department or branches, their
respective powers and duties.
• To establishes certain basic principles by
which the government is founded.
• Designed to preserve and protect the rights of
citizen against the powers of the state
 BASIC FRAMEWORK
• Article 1: Pakistan shall be a Federation
• Article 2: Islam shall be the state of religion
• Article 2A: Objective Resolution shall be the substantive part.
• Article 8: All laws made in derogation of fundamental rights shall be
void.
• Article 10A: right to free trial
• Article 19A: right to have access to information to all matters of
public importance
• Article 25A: free and compulsory education to all children of age 5
to 16
• Article 8-28: list the fundamental rights guaranteed by the
Constitution
• Article 29 to 40:deals with Public policy
 Administrative Law
• Like Constitutional Law, it is a branch of Public
Law.
• It is the part of legal administration.
• It is works hand-in-hand with Constitutional Law,
but it has limited scope to Administration where
as Constitutional law has broader perspective.
• It is mainly concerned with Powers and
Procedure of Government,
• Example: Civil Services Act, 1973, ITO, 2002, FET,
2005, General Clause Act, etc.
 Regulatory Laws
• These laws regulate the activities conducted in
Pakistan
• The objective of such laws is to provide
conducive environment.
• Examples: Competition Act, 2010; SECP, 1997;
OGRA Ordinance, 2002; NEPRA Act 1997,
PEMRA Ordinance 2002.
 Employment and Labour Laws
• Labour Laws that affects working person by virtue
of their employment relationship,
• There are two type; Labour laws and Employment
laws.
• Employment laws deals with welfare or workers
as individuals.
• Establishes worker’s compensation, prescribing
wage and hour standards, anti-child labour laws,
discrimination in hiring employment, etc.
• Labour laws are applied in solving disputes
between Employer and trade union etc. Eg. NIRC
 TAXATION LAWS
• Taxation provide fuel to the modern state run.
• Taxation is fruit of economy.
• Taxation not only provide revenue but it also
serves as instrument for managing, encouraging
or discouraging, and optimizing use of the
sources of the country.
• In Pakistan more than 70 unique taxes
administrated by at least 37 agencies of the
Government of Pakistan.
• Eg. Federal, Provincial and Municipal taxes.
 TAXATION LAWS….cont
• The primary source of Federal Income taxation is
Income Tax Ordinance, 2001.
• Primary responsibility in administration of the tax
laws is with Federal Board of Revenue (FBR).
• Other important laws as Federal Excise Tax, 2005,
Sales Tax Act 1990, etc
• Other laws implemented by provinces are:
Professional Tax, Property Tax, Motor Vehicles
Tax, Stamp Duty, Entertainment Tax, etc.
 Criminal Law
• A system of law concerned with the
Punishment of Offenders.
• Punishment are assigned as Penalties in
Pakistan Penal Code, 1882.
• The principles of Criminal Law consist of
seven ultimate notions expressing: 1. Mens
Rea (2) Actus rea (Act) (3) the “concurrence: of
mens rea and actus rea (4) Harm (5) Causation
(6) Punishment (7)Legality
 Environmental Laws
• Under the Pakistan Environmental Protection
Act, 1997 the term environment is defined as
water, Air, Land, Layers of the Atmosphere,
lining organism and inorganic matter,
ecosystem and ecological relationship etc.
• The laws defined as to include the
management of biological and other natural
resources as well as control of pollution and
hazardous material.
 Private Laws
• The remedy under the private laws is always
obtained through the Court of Law, i.e. Judiciary.
• Private Laws are generally grouped in six
categories;
1. Contract Law
2. Law of Torts
3. Law of Property
4. Family Law
5. Commercial Law
 Contract Law
• The law of contract in concerned primarily
concerned with the enforcement of promissory
obligation.
• It is body of law that governs, enforces and
interprets agreement related to an exchange of
goods, services, properties or money.
• Contract provide the means that enable persons,
including companies, to sell and transfer
property, services and other rights.
• All the commercial and business transaction have
foundation on Contract law.
 Contract Law….cont
• Most commercial laws including Sales of
Goods, Act 1930; the Partnership Act 1932;
the Company Law 2017 etc. directly related to
this Act.
• The sources of Contract Law in Pakistan are:
1. The Contract Act, 1872.
2. The Specific Performance Act, 1877
3. The Transfer of Property Act, 1882
 Law of Torts
• It is law of civil wrongs other than breach of
contract, that interfere with person, property,
reputation or commercial or social advantage.
• The Latin word Tort tortus means twisted.
“Tort is nothing but French equivalent to our
English word “wrong”
• According to John W. Salmond, “it means the
conduct which crooked or twisted, as opposed
to that which is straight or right.”
 Law of torts
• There are four (4) elements of Law of Torts:-
1. Duty of care
2. Breach of Duty
3. Causation
4. Injury
 Law of torts…cont
• DUTY OF CARE:- A duty of care is a legal obligation
which is imposed on an individual requiring adherence
to a standard of reasonable care while performing any
acts that could foreseeable harm others.
• BREACH OF DUTY:- is negligence liability may e found
to exist where the defendant fails to meet the standard
of care required by law. Once it has been established
that the Defendant owed the Plaintiff/Claimant a duty
of care, the Plaintiff/Claimant must also demonstrate
that the Defendant was in breach of duty
 Law of torts…cont
3. CUASATION:- Causation has two prongs. First, a tort
must be cause in fact of particular injury, which means
that act must actually have resulted injury to another.
Second, Plaintiff must establish that a particular tort was
the proximate cause of an injury before liability will be
imposed.
4. INJURY:- Caused by Civil (as opposed to criminal)
wrongs. This generally means that the wrong was
unitended, but tort lawsuit can include everything from
car injuries to injuries stemming from assault, the
invasion of privacy, wrongful death, and many other.
 Law of Property
• Two concepts are involved in Laws related to
property.
1. Corporeal (material things).
2. Incorporeal (immaterial) such as leases,
mortgages, servitude, etc. OR rights over
immaterial things patents, copyrights and trade-
marks
• The property also should be disguised in Tangible
(real property) and intangible property (consist of
assets).
 Law of Property…...cont
• Laws related to property involves concepts such
as: conveyances of property from one person to
another i.e mortgages OR transfer of property; as
gifts, inheritance or succession, creation of
management of trust etc.
• Following Laws may be involved in Property Laws
as:-
1. The Transfer of Property Act, 1882
2. Registration Act, 1908
3. Stamp Act, 1899, etc
 Family Law
• Family law involves domestic relationships, as concerned with relationship
between Husband and Wife , between Parenting and Child.
• In Pakistan, this is a wider category of Personal Laws.
• The Muslim Personal Laws deals with marriage, divorce, maintenance of
wives and children, child custody, paternity, inheritance, gifts, waqf etc
• Some laws are as under:
1. Muslim Family Law ordinance, 1961
2. West Pakistan Family Courts Act, 1964
3. The Dissolution of Muslim Marriages Acts, 1939.
4. Child Marriage Restraints Act, 1929.
5. The Guardians and Wards Act, 1890
6. The West Pakistan Muslim Personal Law (Shariat) Application Act, 1962.
7. The Muslman Wakf Validating Act, 1913
8. The Punjab Waqf Properties Ordinance, 19790
 Commercial Law
• The concept of “Commercial Law” or
“Commercial Transaction” include the Sale of
Goods, Leases of goods, negotiable instrument
(including promissory notes, drafts or bills of
exchange and cheques) banks deposits and
collections, electronic funds and transfers, letter
of credit, document of title( bills of lading and
warehouse receipts) investment securities
(including stocks bonds) bulk transfer and
secured transaction (including assignment of
accounts receivable as well as security interest in
goods)
 Commercial laws
• Commercial transaction involves application
of several laws.
• Contract law, 1872
• Negotiable Instrument Act
• Bankruptcy Law
• The Company Act, etc