law needs to be understood from the point of view of its creator. Law as we seen today are majorly developed in Europe and spread through out the world except the islamic law. the source of law is different from the law.
The document discusses the definition and sources of law in India. It notes that laws are rules established and enforced by government that involve mandatory rules and consequences. The main sources of law in India are discussed as religion, customs, judicial decisions, equity, and legislation. The document then provides details on the Indian legal system, including the roles of the Supreme Court, High Courts, and subordinate courts. It also discusses different types of laws such as civil, criminal, constitutional, administrative, property, contract, family, employment, tort, tax, and international law.
The document outlines the topics that will be covered in a course on law and business law. It discusses the following key points:
1. The course will cover introduction to law, obligations, general provisions on contracts, and defective contracts.
2. Under the introduction, it defines law and discusses the sources and characteristics of law.
3. For obligations, it discusses the nature and effect of obligations according to their object or prestation.
4. For contracts, it discusses the elements, classification, forms, interpretation and defects of contracts.
This document outlines the course content for a law and business law course. It covers several parts: an introduction to law and business law defining key terms; obligations in general and the nature and effect of obligations; general provisions on contracts; and defective contracts. The introduction defines law and discusses sources of law and characteristics of business law. Obligations are discussed in terms of their essential requisites and effects. General provisions on contracts cover elements, stages, characteristics and classifications of contracts. Defective contracts discusses rescissible, voidable, unenforceable and void contracts.
This document discusses the sources of law. It identifies the primary sources of law as legislation, treaties, precedents, and customs. Legislation refers to laws made by the legislative body through a lawmaking process. Treaties are agreements between countries that become legally binding. Precedents are new legal principles established by the supreme court that provide guidance. Customs refer to longstanding traditions and practices of a society. The document also identifies secondary sources of law, such as historical and religious documents, expert opinions, and principles of equity and good conscience.
This document discusses the fundamentals of law, including definitions of law and ethics. It describes the differences between substantive and procedural law, as well as civil and criminal law. It also outlines the key purposes and functions of law in establishing standards, maintaining order, resolving disputes, and protecting rights and liberties. Additionally, it examines the sources of law including constitutions, legislatures, executives, judiciaries, administrative agencies, and international organizations. Finally, it summarizes Republic Act No. 9292, also known as the Electronics Engineering Law of 2004, which regulates the licensing and practice of electronics engineers and technicians in the Philippines.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
The document discusses the rule of law in Bangladesh, defining it as a system where people are governed by and obey the law. It also discusses why the rule of law is important for society. While the Bangladeshi constitution ensures the rule of law, in reality unequal access to justice and suppression of political opponents by security forces undermine the rule of law. The document calls for reforms to strengthen the independence of law enforcement and judiciary.
The document discusses the definition and sources of law in India. It notes that laws are rules established and enforced by government that involve mandatory rules and consequences. The main sources of law in India are discussed as religion, customs, judicial decisions, equity, and legislation. The document then provides details on the Indian legal system, including the roles of the Supreme Court, High Courts, and subordinate courts. It also discusses different types of laws such as civil, criminal, constitutional, administrative, property, contract, family, employment, tort, tax, and international law.
The document outlines the topics that will be covered in a course on law and business law. It discusses the following key points:
1. The course will cover introduction to law, obligations, general provisions on contracts, and defective contracts.
2. Under the introduction, it defines law and discusses the sources and characteristics of law.
3. For obligations, it discusses the nature and effect of obligations according to their object or prestation.
4. For contracts, it discusses the elements, classification, forms, interpretation and defects of contracts.
This document outlines the course content for a law and business law course. It covers several parts: an introduction to law and business law defining key terms; obligations in general and the nature and effect of obligations; general provisions on contracts; and defective contracts. The introduction defines law and discusses sources of law and characteristics of business law. Obligations are discussed in terms of their essential requisites and effects. General provisions on contracts cover elements, stages, characteristics and classifications of contracts. Defective contracts discusses rescissible, voidable, unenforceable and void contracts.
This document discusses the sources of law. It identifies the primary sources of law as legislation, treaties, precedents, and customs. Legislation refers to laws made by the legislative body through a lawmaking process. Treaties are agreements between countries that become legally binding. Precedents are new legal principles established by the supreme court that provide guidance. Customs refer to longstanding traditions and practices of a society. The document also identifies secondary sources of law, such as historical and religious documents, expert opinions, and principles of equity and good conscience.
This document discusses the fundamentals of law, including definitions of law and ethics. It describes the differences between substantive and procedural law, as well as civil and criminal law. It also outlines the key purposes and functions of law in establishing standards, maintaining order, resolving disputes, and protecting rights and liberties. Additionally, it examines the sources of law including constitutions, legislatures, executives, judiciaries, administrative agencies, and international organizations. Finally, it summarizes Republic Act No. 9292, also known as the Electronics Engineering Law of 2004, which regulates the licensing and practice of electronics engineers and technicians in the Philippines.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
The document discusses the rule of law in Bangladesh, defining it as a system where people are governed by and obey the law. It also discusses why the rule of law is important for society. While the Bangladeshi constitution ensures the rule of law, in reality unequal access to justice and suppression of political opponents by security forces undermine the rule of law. The document calls for reforms to strengthen the independence of law enforcement and judiciary.
The document discusses the sources of law. It identifies the key formal sources of law as legislation, judicial precedents, and treaties. Legislation includes acts passed by parliament and subordinate legislation. Judicial precedents refer to binding case law from superior courts. Material sources that influence legal development include customs, standards of justice, and juristic writings. Non-formal sources lack formal recognition but can still persuade, such as customs, equity, and public policy. Scholars have debated the terminology around "sources of law" and whether it refers to the authority, knowledge, causes, or organs of law.
This document provides an introduction to the legal system and contract act in Pakistan. It discusses the sources of law including formal sources like statutes and court decisions, as well as material sources like historical customs and legal precedents. It describes the different branches of the judiciary including the Supreme Court, High Courts, and lower courts. It also explains the process of legislation through parliament, where a bill is introduced and debated before becoming law with the president's approval. Finally, it provides definitions and essential elements of a valid contract according to the Contract Act of 1872.
This document discusses the various sources of law. It identifies several formal and material sources of law. Formal sources include legislation, judicial precedent, and custom - which are authoritative sources that laws derive their validity from. Material sources are those that provide the substance or content of laws, and include historical sources like writings and unpublished works, as well as legal sources like legislation, precedent, and custom. The document also examines different classifications of sources put forth by legal theorists like Austin, Salmond and others. It notes there are debates around what should properly be considered a source of law.
Nature of law and administration of justice by Dr. Rajashree J. Jawalesundarsasane
This topic deals with definition and concept of law , kinds and sources of law and Administration of Justice under Jurisprudence. This topic is useful for law students and for general public to understand the basic concepts ,
This document provides an overview of key concepts in Chapter 1 of a textbook about law. It discusses the stages in the growth of law, the differences between common and positive law, and the origin of the US legal system from English common law. It also outlines the four sources of law - constitutions, statutes, case law, and administrative law. The document explains how conflicts between laws are resolved and compares criminal and civil laws as well as substantive and procedural law. Finally, it defines ethics and discusses civil disobedience in relation to ethical bases for laws.
This document provides an overview of key concepts in Chapter 1 of a textbook about law. It discusses the stages in the growth of law, the differences between common and positive law, and the origin of the US legal system from English common law. It also outlines the four sources of law - constitutions, statutes, case law, and administrative law. The document explains how conflicts between laws are resolved and compares criminal and civil laws as well as substantive and procedural law. Finally, it defines ethics and discusses civil disobedience in relation to the ethical foundations of law.
The document provides an overview of key concepts related to the Australian legal system and government. It defines important legal terms, explains the hierarchy of courts and distinction between different types of laws. It also discusses why laws are needed in society and how the legal system aims to be just, enforceable and acceptable to communities. The legal system is connected to the federal, state and local governments who are responsible for making and reforming laws in Australia's democratic system.
This document outlines the course content for a course on commercial and industrial law. It begins with an overview of the key areas of law that will be covered, including contract law, company law, employment law, and trade unions. It then lists the learning outcomes which are to describe, explain, apply, analyze, and interpret the relevant laws. The document goes on to define law and the differences between civil and criminal law. It also discusses the key sources of law, including the constitution, statutes, judicial decisions, customs, equity, religion and opinions of jurists.
This document provides an overview of the nature of the Indian legal system. It begins by explaining that a legal system encompasses a set of principles and norms to protect citizens in a society. The major legal systems are common law, civil law, socialist law, and religious law. While India's system is based on common law introduced during British rule, it also incorporates elements of other systems. Common law principles continue to develop through judicial decisions, providing a basis for the legal system even where statutes are silent. The document uses examples like the abolition of slavery to illustrate how common law principles can establish rights and freedoms in the absence of explicit laws.
This document discusses different types of law. It outlines the origins of classifying law and notes that classifications vary between legal systems. The main types discussed are:
- National law vs international law
- Public law vs private law
- Civil law vs criminal law
- Substantive law vs procedural law
For each pair, it provides brief definitions and examples to illustrate the key differences between the two broad categories within that classification.
The document discusses and compares the legal systems and law enforcement processes in the United Kingdom and United States. It describes the main branches of government and how laws are made in both countries, including the roles of Parliament/Congress and how a bill becomes a law. It also covers local government structures and law enforcement procedures from arrest to trial.
The document discusses the British and American legal systems, including constitutional law and common law. It provides definitions and comparisons of civil law versus common law legal traditions. It also outlines some key aspects of the British constitution, such as it being an unwritten constitution based on statutes, case law, customs and conventions. Parliament is supreme in Britain and it upholds the principles of the rule of law and parliamentary supremacy.
The document summarizes key concepts about the evolution and types of law. It describes how law has evolved from individuals seeking revenge to organized court systems. It distinguishes between common law based on customs and positive law dictated from above. It also outlines the three levels of government in the US and how power is allocated between the federal and state governments and among the three branches of government. Additionally, it defines the different sources of law including constitutional, statutory, case, and administrative law and how conflicts between these different laws are resolved.
The document discusses the two primary sources of law - statutory law and case law. Statutory law includes constitutions, treaties, and statutes enacted by legislatures, while case law refers to decisions made by courts. It also discusses the classification of law by authority, source, and branches of government. The three branches of government - legislative, executive, and judicial - each promulgate different types of laws. Primary sources of law are official publications, while secondary sources are unofficial.
This document discusses the key concepts of law and the legal system. It begins by defining law and examining the need for laws in society. It then explores the sources of law, including formal sources like statutes and informal sources like customs. It analyzes the main legal sources - the constitution, customs, judicial precedent, legislation, and European law. It also distinguishes between public and private law. The document concludes by examining the characteristics of English common law, such as the doctrine of precedent and absence of codification.
Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
The document discusses various topics related to legal systems and constitutions, including:
1. The definition of key concepts like law, rights, and morality.
2. Different schools of thought on law, such as positivism and the historical school.
3. Major legal systems like civil law, common law, and sharia law.
4. The sources and branches of law. It also discusses legal rights and how laws are applied.
5. The purpose and role of constitutions in establishing the structure and limits of government power. The constitution is considered the higher law of the land.
Law - sources & types, part of planning legislationChhabiYadav2
The document discusses the sources and types of law in India. It defines law and explains that the main sources of law in India are customs, judicial precedents, statutes, and personal laws. It elaborates on each source and provides details on customs, precedents from court decisions, legislation passed by parliament and state assemblies. It also explains key legal terms and concepts used in India like acts, bills, ordinances, rules and regulations.
The document discusses the sources of law. It identifies the key formal sources of law as legislation, judicial precedents, and treaties. Legislation includes acts passed by parliament and subordinate legislation. Judicial precedents refer to binding case law from superior courts. Material sources that influence legal development include customs, standards of justice, and juristic writings. Non-formal sources lack formal recognition but can still persuade, such as customs, equity, and public policy. Scholars have debated the terminology around "sources of law" and whether it refers to the authority, knowledge, causes, or organs of law.
This document provides an introduction to the legal system and contract act in Pakistan. It discusses the sources of law including formal sources like statutes and court decisions, as well as material sources like historical customs and legal precedents. It describes the different branches of the judiciary including the Supreme Court, High Courts, and lower courts. It also explains the process of legislation through parliament, where a bill is introduced and debated before becoming law with the president's approval. Finally, it provides definitions and essential elements of a valid contract according to the Contract Act of 1872.
This document discusses the various sources of law. It identifies several formal and material sources of law. Formal sources include legislation, judicial precedent, and custom - which are authoritative sources that laws derive their validity from. Material sources are those that provide the substance or content of laws, and include historical sources like writings and unpublished works, as well as legal sources like legislation, precedent, and custom. The document also examines different classifications of sources put forth by legal theorists like Austin, Salmond and others. It notes there are debates around what should properly be considered a source of law.
Nature of law and administration of justice by Dr. Rajashree J. Jawalesundarsasane
This topic deals with definition and concept of law , kinds and sources of law and Administration of Justice under Jurisprudence. This topic is useful for law students and for general public to understand the basic concepts ,
This document provides an overview of key concepts in Chapter 1 of a textbook about law. It discusses the stages in the growth of law, the differences between common and positive law, and the origin of the US legal system from English common law. It also outlines the four sources of law - constitutions, statutes, case law, and administrative law. The document explains how conflicts between laws are resolved and compares criminal and civil laws as well as substantive and procedural law. Finally, it defines ethics and discusses civil disobedience in relation to ethical bases for laws.
This document provides an overview of key concepts in Chapter 1 of a textbook about law. It discusses the stages in the growth of law, the differences between common and positive law, and the origin of the US legal system from English common law. It also outlines the four sources of law - constitutions, statutes, case law, and administrative law. The document explains how conflicts between laws are resolved and compares criminal and civil laws as well as substantive and procedural law. Finally, it defines ethics and discusses civil disobedience in relation to the ethical foundations of law.
The document provides an overview of key concepts related to the Australian legal system and government. It defines important legal terms, explains the hierarchy of courts and distinction between different types of laws. It also discusses why laws are needed in society and how the legal system aims to be just, enforceable and acceptable to communities. The legal system is connected to the federal, state and local governments who are responsible for making and reforming laws in Australia's democratic system.
This document outlines the course content for a course on commercial and industrial law. It begins with an overview of the key areas of law that will be covered, including contract law, company law, employment law, and trade unions. It then lists the learning outcomes which are to describe, explain, apply, analyze, and interpret the relevant laws. The document goes on to define law and the differences between civil and criminal law. It also discusses the key sources of law, including the constitution, statutes, judicial decisions, customs, equity, religion and opinions of jurists.
This document provides an overview of the nature of the Indian legal system. It begins by explaining that a legal system encompasses a set of principles and norms to protect citizens in a society. The major legal systems are common law, civil law, socialist law, and religious law. While India's system is based on common law introduced during British rule, it also incorporates elements of other systems. Common law principles continue to develop through judicial decisions, providing a basis for the legal system even where statutes are silent. The document uses examples like the abolition of slavery to illustrate how common law principles can establish rights and freedoms in the absence of explicit laws.
This document discusses different types of law. It outlines the origins of classifying law and notes that classifications vary between legal systems. The main types discussed are:
- National law vs international law
- Public law vs private law
- Civil law vs criminal law
- Substantive law vs procedural law
For each pair, it provides brief definitions and examples to illustrate the key differences between the two broad categories within that classification.
The document discusses and compares the legal systems and law enforcement processes in the United Kingdom and United States. It describes the main branches of government and how laws are made in both countries, including the roles of Parliament/Congress and how a bill becomes a law. It also covers local government structures and law enforcement procedures from arrest to trial.
The document discusses the British and American legal systems, including constitutional law and common law. It provides definitions and comparisons of civil law versus common law legal traditions. It also outlines some key aspects of the British constitution, such as it being an unwritten constitution based on statutes, case law, customs and conventions. Parliament is supreme in Britain and it upholds the principles of the rule of law and parliamentary supremacy.
The document summarizes key concepts about the evolution and types of law. It describes how law has evolved from individuals seeking revenge to organized court systems. It distinguishes between common law based on customs and positive law dictated from above. It also outlines the three levels of government in the US and how power is allocated between the federal and state governments and among the three branches of government. Additionally, it defines the different sources of law including constitutional, statutory, case, and administrative law and how conflicts between these different laws are resolved.
The document discusses the two primary sources of law - statutory law and case law. Statutory law includes constitutions, treaties, and statutes enacted by legislatures, while case law refers to decisions made by courts. It also discusses the classification of law by authority, source, and branches of government. The three branches of government - legislative, executive, and judicial - each promulgate different types of laws. Primary sources of law are official publications, while secondary sources are unofficial.
This document discusses the key concepts of law and the legal system. It begins by defining law and examining the need for laws in society. It then explores the sources of law, including formal sources like statutes and informal sources like customs. It analyzes the main legal sources - the constitution, customs, judicial precedent, legislation, and European law. It also distinguishes between public and private law. The document concludes by examining the characteristics of English common law, such as the doctrine of precedent and absence of codification.
Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
The document discusses various topics related to legal systems and constitutions, including:
1. The definition of key concepts like law, rights, and morality.
2. Different schools of thought on law, such as positivism and the historical school.
3. Major legal systems like civil law, common law, and sharia law.
4. The sources and branches of law. It also discusses legal rights and how laws are applied.
5. The purpose and role of constitutions in establishing the structure and limits of government power. The constitution is considered the higher law of the land.
Law - sources & types, part of planning legislationChhabiYadav2
The document discusses the sources and types of law in India. It defines law and explains that the main sources of law in India are customs, judicial precedents, statutes, and personal laws. It elaborates on each source and provides details on customs, precedents from court decisions, legislation passed by parliament and state assemblies. It also explains key legal terms and concepts used in India like acts, bills, ordinances, rules and regulations.
Public international law, Draft article on State Responsibility, International Arbitration - attribution - Green Peace - Nuclear Explosion - precluding wrongfulness, reparation, repatriation ,
This document discusses persuasive advocacy and techniques for influencing a judge's decision-making process without coercion. It explains that persuasion aims to change someone's point of view or convince them to take action. An advocate should focus on psychologically processing legal information for the judge. Tools of persuasion mentioned include neuro-linguistic programming, conversational hypnosis, and subtle language choices to bypass the conscious mind and influence the subconscious. The document warns that persuasive advocacy is banned in many places and discusses strategies like repeating positive statements and disguising commands as requests to indirectly influence a judge's ruling.
PERSUASION OF VULNERABLE CHILD IN THE INFINITE CYBER SPACE SUBLIMINAL ADVERTI...Kannan Kunnathully
This document discusses the vulnerability of children to subliminal advertising in cyberspace. It defines cyberspace and notes that children are born literate in using technology but are still developing cognitively. Subliminal ads can exploit this by influencing children without their conscious awareness. While advertising has legal protections, subliminal ads target children in indirect and undetectable ways. Most other countries have laws against this practice, but India lacks even judicial acknowledgement of the issue. The document concludes that as adults cannot perceive what messages children receive, the state must take action to protect vulnerable children in cyberspace from exploitation by subliminal advertising.
This document discusses the psychology of the classroom from the perspectives of students and faculty. It notes that each student's thinking, information processing, receptiveness, and prior knowledge determines their performance. Faculty may have stagnated teaching approaches or barriers like command of the classroom. The document argues there is a need for psychologists in educational institutions to help students balance academic and personal lives, and assist with issues not addressed by family or faculty. It also explores standardizing classroom experiences, different states of awareness like trance versus sleep, and the faculty's role in inducing trance for more effective teaching.
The document discusses the Christian belief that God created the world. The author argues that creation must have been motivated by God's own selfish desires, as there were no souls before creation that could benefit from it. God felt inadequate before creation because his glory was not fully shining or appreciated. Therefore, creation was done to augment God's glory and have souls praise him, rather than for the benefit of the souls themselves. The author concludes creation was a selfish act motivated by God's own sense of inadequacy and desire to remove limitations, not an unselfish one.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
1. WHY STUDY LAW
GOVERNMENT ORGAN (LEGISLATURE, EXECUTIVE AND JUDICIARY
– NEW ONE IS ADMINISTRATIVE ORGAN)
LEGISLATURE – ENACT LAW (CREATE LAW)
EXECUTIVE – ENFORCE LAW (ENSURE THAT LAW IS FOLLOWED)
JUDICIARY – ADJUDICATE LAW (IN A DISPUTE, COURT INTERPRET LAW.
LAW IS ABOVE ALL AND EVERYONE IS UNDER LAW (RULE OF LAW)
2. Three advices
1. Use appropriate definition/MEANING
2. Understand law
3. Avoid sense, common sense and nonsense –
use only legal sense first.
3. Appropriate meaning as defined and
accepted by law
1. As given in the Act
2. As given in the related Act
3. As given in the general clauses Act
4. As given in any court decisions
5. As defined by any legally recognised jurist
6. Black law dictionary
7. Normal dictionary
8. Google
5. LAW STUDENT MUST KNOW - LAW
• predominantly a tool of social engineering (ROSCOE
POUND)
• “Law is a statement of the circumstances in which public
force will be brought to bear upon through courts.” Oliver
Wendell Holmes
• “A principle or rule of conduct so established as to
justify a prediction with reasonable certainty that it will
be enforced by the courts if its authority is challenged,
is a principle or rule of law.” Benjamin Nathan Cardozo
6. JOHN AUSTIN
COMMAND OF THE SOVEREIGN
(SIMPLEST BUT MOST COMPLICATED)
WHO IS SOVEREIGN?
“If a determinate human superior, not in the habit of
obedience to a like superior, receives habitual obedience,
from the bulk of a given society, that determinate human
superior is sovereign in that society, and that society
(including the superior) is a society political and
independent.”
BHAHUBALLI FILM
7. Law is a jealous mistress
Joseph story (US SC judge)
Both law and women need frequent companionship
If not , they will leave you.
As a lawyer, you should be in frequent
companionship with updated laws.
9. LAW INCLUDES THE FOLLOWING
1. LEGISLATION, ENACTMENT, STATUTE, ACT
2. CUSTOM/USUAGES/PRACTISES
3. JUDICIAL DECISIONS, PRECEDENTS, COURT MADE LAWS (except ratio
decedent and obiter dicta)
4. JURISTIC OPINION
5. RELIGIOUS PRINCIPLES OTHER THAN CUSTOMS AND PRACTISES
6. COMMAND OF THE SOVEREIGN (IN KINGDOMS AND DICTATORSHIP)
7. BY LAWS (PANCHAYATH DECISION)
8. ARTICLE OF ASSOCIATION & MEMORANDUM OF ASSOCIATION
9. CONTRATUAL CLAUSES (ADR CLAUSE OR GOVERNMENT TENDER)
10. GOVERNMENT ORDERS
11. ORDINANCES (ORDER, DECREE OR LAW BY GOVERNMENT WITH OUT THE
CONSENT OF LEGISLATURE)
12. REGULATIONS (CONTROL ON LIQUOR AND TOBACCO)
13. RULES AND PROCEDURES
10. WHAT IS NOT INCLUDED IN LAW
POLICY
POLICY OF A GOVERNMENT IS NOT PART OF LAW –
this is because many functions of government are
not known to public.
Eg:- India space program or military need funds that
cannot be challenges based on the hunger, shelter
and other human right violations
COURT HAS LESS POWER OVER POLICIES
11. CAN A NON STATE ACTOR CREATE LAW
YES - CONTRACTUAL CLAUSES (IN A CONTRACT IF ADR IS
FIXED AS DISPUTE SETTLEMENT PROCESS. THEN THE COURTS
DO NOT HAVE JURISDICTION
NON STATE CREATE LAW IN India – ASCI (NON STATUTORY, NON
GOVERNMENTAL, INDEPENDENT BODY) – THE CODE OF ASCI IS
APPLICABLE IN INDIA AND APPROVED BY SC AS APPLICABLE
LAW.
12. LAW AND JUSTICE
LAW AND JUSTICE ARE TWO DIFFERENT TERMS
LAW CANNOT GUARANTEE JUSTICE
VIGILANTIBUS NON DORMEINTIBUS JURA SUBVENIENT – LAW
CAN ONLY ASSIST THOSE WHO ARE VIGILANT.
IT WILL NOT PROTECT THOSE WHO SLEEP OVER THEIR
RIGHT
13. International law
Law which regulate the action of a state
Why to learn international law?
Municipal law may have derived from
international law (PUBLIC AND PRIVATE)
14. Indian constitution is an international
law
Indian constitution has a nature of internation law (treat
are primary source of InternationaL law )
treat or text signed by many states
283 states has signed Indian constitution (Princely states )
Unilateral agreement to constitution the territory into a
union of those 283 state which now forms part of 28 states
and 9 union territories
15. Example – Indian constitution
Structure of legal text Indian constitution
Part 1 – territory of India
Part 2 - citizenship at the time of independence
Part 3 etc – sovereign or government
Last part – capacity to enter into relationship with other state.
ELEMENTS OF STATE – TERRITORY, POPULATION, SOVEREIGN OR GOVERNMENT
AND CAPACITY TO ENTER INTO RELATION WITH OTHER STATES
16. FUNDAMENTAL RIGHT FROM UDHR
15 AUG 1947 – INDIA BECAME INDEPENDENT
29 AUG 1947 – DRAFT COMMITTEE FOR INDIAN CONSTITUTION
WAS APPOINTED
10 DEC 1948 – UDHR CAME INTO FORCE
26 JAN 1950 – INDIA DECLARED REPUBLIC