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Ms.Rajni BansalAssistant Professor

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• The law is a set of legal rules that governs theway members of a society act towards oneanother.

• Lawis “ that portion of the established habit and thoughtof mankind which has gained distinct and formalrecognition in the shape of uniform rules backed bythe authority and power of theGovernment”.

• – Woodrow Wilson

• Laws are required in society to regulate the behaviourof the individual, to correspond with what isacceptable to the majority of individuals,

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• Without law, life and business would become amatter of survival, not only of the fittest but also ofthe most ruthless.

• Laws are required in society to regulate the behaviourof the individual, to correspond with what isacceptable to the majority of individuals,

• Law is the potential tool of social change. In fact lawand society are complementary. No society canexist without law. It is essential for up keeping ofpeace in the society.

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• CONSTITUTIONAL LAW

• ADMINISTRATIVE LAW

• CRIMINAL LAW

• CIVIL LAW

• COMMERCIAL LAW

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Is the law which regulates the structure of

the principal organs of the government

and their relationships to one another and

determines their principal functions.

The rules consist both of legal rules and

of usages, commonly called conventions,

which without being enacted are accepted

as binding by all concerned with the

government

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• It is the law that governs the executive

branch of the government.

• It is as old as the executive.

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• Are the laws which wrong doers are

punished.

• At the same time, civil laws are those

laws with which the private rights of an

individual are enforced

It deals with the rights and obligations of

Commercial persons emerging from commercial

transactions in respect of commercial property.

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The scope of the business law has enormously

widened due to the increasing complexities of the

modern business world.

It usually covers topics of

contracts, bailment, Agency, sale of

goods, partnerships, companies, negotiable

instruments, insurance, pollution control etc.

These and other topics are covered by

legislations enacted by Central and State

Governments.

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1. Statutory law

2. Case law

3. Natural law

4. English mercantile law

5. Customs and usage

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• Law is the supreme will of the State that

applies only to the citizens of that

nation at that time.

• Law, and therefore rights and ethics, are

not universal. The morality of a law, or

whether the law is “bad or good,” is

irrelevant.

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Jurisprudence that holds law is not simply

a result of the written law, but a product of

the views of judicial decision makers, as

well as social,economic, and contextual

influences.

Stare decisis is a Latin phrase meaning “to stand on decidedcases.”

– Makes the law stable and predictable.

– Increases judicial efficiency by relieving courts of

having to reinvent legal principles for each case

brought before them.

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• Stare decisis is “judge made law” basedon precedent.

• Precedents are judicial decisions that giverise to legal principles that can be applied infuture cases based upon similar facts.

• Precedents and other forms of positive law,such as statutes, constitutions, and regulations,are referred to as binding authority and mustbe followed.

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In cases of “first impression” where there is no

precedent, the court may refer to

– positive law,

– public policy, and

– widely held social values in order to craft the

best new precedent.

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• Method used by judges to reach a

decision.

• Many courts and attorneys frame

decisions and briefs using the IRAC

format:

Issue, Rule, Application (Analysis),

and Conclusion.

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• Civil law defines the rights between

individuals or individuals and

governments.

• Criminal law defines an individual’s obligations

to society as a whole.

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• Substantive law defines or creates the

rights and obligations of persons and

governments.

• Procedural law provides the steps one

must follow in order to avail oneself of

one’s legal rights or enforce another’s legal

obligations.

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Legal cases are identified by a “legal citation” (or

a “cite”) as the example below:

Federal Express Corp. v. Federal

Espresso, Inc., 201 F.3d 168 (2nd Cir.

2000).Title: First Party is Plaintiff, second party

is Defendant. The parties are either

italicized or underlined.

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Legal cases are identified by a “legal citation” (or

a “cite”) as the example below:

Federal Express Corp. v. Federal

Espresso, Inc., 201 F.3d 168 (2nd Cir.

2000).Case is found in volume 201 of the

3rd Federal Supplement, page

168.

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Legal cases are identified by a “legal citation” (or

a “cite”) as the example below:

Federal Express Corp. v. Federal

Espresso, Inc., 201 F.3d 168 (2nd Cir.

2000).Case was decided by the United

States

Second Circuit Court of Appeals in

2000.

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• Laws regulate all areas of business.

• Factors business owners must

consider:

– Is contract enforceable?

– Contract for goods vs. services?

– What happens if someone breaches

the contract?

– Dispute Resolution?

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Criminal

GovernmentPerson commencing the

action:

Plaintiff

Outcomes: Damages

Specific performance

Injunction

Imprisonment

Fines

Good behaviour bonds

Community service

order

Standard of proof: On the balance of

probabilities

Beyond a reasonable

doubt

Burden of proof: Plaintiff Prosecutor