Law is defined as a set of rules established by authority and applicable to its people through the executive. The objectives of law are to create social order in society and maintain it. There are different types of law including general law, statute law, common law, equity, substantive law, procedural law, public law, and private law. Public law includes constitutional law, administrative law, regulatory laws, employment and labour laws, tax laws, and criminal law. The constitution establishes the basic framework of the government by distributing powers between different branches and outlining fundamental rights.
Law is defined as a set of rules established by authority and applicable to its people through the executive. The objectives of law are to create social order in society and maintain it. There are different types of law including general law, statute law, common law, equity, substantive law, procedural law, public law, and private law. Public law includes constitutional law, administrative law, regulatory laws, employment and labour laws, tax laws, and criminal law. The constitution establishes the basic framework of the government by distributing powers between different branches and outlining fundamental rights.
Law is defined as a set of rules established by authority and applicable to its people through the executive. The objectives of law are to create social order in society and maintain it. There are different types of law including general law, statute law, common law, equity, substantive law, procedural law, public law, and private law. Public law includes constitutional law, administrative law, regulatory laws, employment and labour laws, tax laws, and criminal law. The constitution establishes the basic framework of the government by distributing powers between different branches and outlining fundamental rights.
Law is defined as a set of rules established by authority and applicable to its people through the executive. The objectives of law are to create social order in society and maintain it. There are different types of law including general law, statute law, common law, equity, substantive law, procedural law, public law, and private law. Public law includes constitutional law, administrative law, regulatory laws, employment and labour laws, tax laws, and criminal law. The constitution establishes the basic framework of the government by distributing powers between different branches and outlining fundamental rights.
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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