Vous êtes sur la page 1sur 6


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.

Law is a system of rules that are enforced through social institutions to govern
behavior.[2] 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. Private individuals can
create legally binding contracts, including arbitration agreements that may elect to
accept alternative arbitration to the normal court process. The formation of laws
themselves may be influenced by a constitution, written or tacit, and the rights encoded
therein. The law shapes politics, economics, history and society in various ways and
serves as a mediator of relations between people.

Types Of Law

There are four (4) types of law:

Common; criminal; civil & administrative

Torts, sometimes called delicts, are civil wrongs. To have acted tortiously, one must
have breached a duty to another person, or infringed some pre-existing legal right. A
simple example might be accidentally hitting someone with a cricket ball.[171] Under the
law of negligence, the most common form of tort, the injured party could potentially
claim compensation for their injuries from the party responsible.

Anything that is issued under an authority is a writ. Orders, warrants, directions etc.
issued under authority are examples of writs.

A writ is a formal written order issued by a Court. Any warrant, orders, directions, and so
on, issued by the Supreme Court or the High court are called writs.

Consumer protection act:-

Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to
protect the interests of consumers in India. It makes provision for the establishment of
consumer councils and other authorities for the settlement of consumers' disputes and
for matters connected therewith.

An Act to provide for better protection of the interests of consumers and for that purpose
to make provision for the establishment of consumer councils and other authorities for
the settlement of consumers' disputes and for matters connected therewith.

Fundamental rights
The Fundamental Rights are defined as the basic human rights that every citizen has
the right to enjoy for a proper and harmonious development of personality. These rights
universally apply to all citizens, irrespective of race, place of birth, religion, caste or

The Constitution guarantees six fundamental rights to Indian citizens as follows:

(i) right to equality,

(ii) right to freedom,

(iii) right against exploitation,

(iv) right to freedom of religion,

(v) cultural and educational rights, and

(vi) right to constitutional remedies.

Legal rights
Legally guaranteed powers available to a legal entity in realization or defense of its just
and lawful claims or interests (such as individual freedom) against 'The whole world.'
Legal rights (like laws) affect every citizen, whether or not the existence such rights is
publicly known.

Legal rights are based on a society's customs, laws, statutes or actions by legislatures.
An example of a legal right is the right to vote of citizens. Citizenship, itself, is often
considered as the basis for having legal rights, and has been defined as the "right to
have rights". Legal rights are sometimes called civil rights or statutory rights and are
culturally and politically relative since they depend on a specific societal context to have

Human Rights
Human rights, as the term is most commonly used, are basic entitlements bestowed
upon each and every human being by virtue of birth. The underlying idea of such rights
is to

ensure that all men, women and children are treated with respect and dignity. For
example, as human beings, it is our birthright that all of us should be given equal
treatment and

should not be discriminated on any account due to differences of religion, caste, class,
colour, gender or anything else either by the State or the community or for that matter
the family. This is because each person is special with their own individual talents and
abilities and none are inferior or superior to each other. Likewise, it is our birthright to
have access to opportunities, whereby we can develop to our fullest potential and
achieve all that we aspire to become. These rights include the right to life, freedom and
justice. These rights guarantee our dignity as human beings. It is precisely for these
reasons that human rights are sometimes called natural rights.

The fact that nobody gives us these rights nor can any onetake away these rights from
us, human rights are said to be inalienable.

The legislature is that organ of the government which passes the laws of the
government. It is the agency which has the responsibility to formulate the will of the
state and vest it with legal authority and force.

It is bicameral with two houses: Rajya Sabha (Council of States) and the Lok Sabha
(House of the People). The President in his role as head of legislature has full powers to
summon and prorogue either house of Parliament or to dissolve Lok Sabha.

Functions of the Legislature:-

The Legislature discharges various functions in the political system:

1. Making of the Laws

2. Control of Finance

3. Public Appointments in High Places

4. Control over the Ministry

5. Election of the Head of State

6. Judicial Functions

7. Amendment of the Constitution

8. Role in Developing Political Consciousness and Public Opinion

9. Committee and Commission

The second important organ of the government is executive. The legislature enacts the
laws and the executive implements them. In ancient times the executive used to make
the implement laws and it also awarded punishment to the law-breakers.

Executive consists of :

1. President

2. Vice President

3. Cabinet Ministers

Responsibilty- To pass the laws made by the Legislature

Powers Of an Executive:-

The executive is the part of the government that has sole authority and responsibility for
the daily administration of the state. The executive branch executes, or enforces the
law. The division of power into separate branches of government is central to the idea of
the separation of powers.

The judiciary (also known as the judicial system or court system) is the system of courts
that interprets and applies the law in the name of the state. The judiciary also provides a
mechanism for the resolution of disputes. In some nations, under doctrines of
separation of powers, the judiciary generally does not make law (which is the
responsibility of the legislature) or enforce law (which is the responsibility of the
executive), but rather interprets law and applies it to the facts of each case. In other
nations, the judiciary can make law, known as Common Law, by setting precedent for
other judges to follow, as opposed to Statutory Law made by the legislature. The
Judiciary is often tasked with ensuring equal justice under law.

1. To solve conflicts between Executive and Legislature
2. other public related matters or conflicts
There are various levels of judiciary in India different types of courts, each
with varying powers depending on the tier and jurisdiction bestowed upon them. They
form a strict hierarchy of importance, in line with the order of the courts in which they sit,
with the Supreme Court of India at the top, followed by High Courts of respective states
with district judges sitting in District Courts and Magistrates of Second Class and Civil
Judge (Junior Division) at the bottom.

Role Of Judiciary:-

Judiciary not only administers justice, it protects the rights of the citizens and it acts as
the interpreter and guardian of the constitution. ... It can invalidate such laws and
decrees which are not constitutional.

There are a number of crucial legal components that must be proven by a plaintiff in
order for his or her medical malpractice case against a physical therapist to have legal

Those elements include:

Establishing a duty of care between the physical therapist and the patient. This means
that a plaintiff must show that a doctor/patient relationship was legally established.
Because of this relationship, the patient would have been entitled by law to the
aforementioned duty of care, and the physical therapist would also have been obligated
by law to provide said care.

The second component is the proof that there was a breach in the aforementioned duty
of care. Here the plaintiff needs to prove that as a patient, the physical therapy that he
or she received did not measure up to the expected standard of care that would apply in
the treatment of a patient by a physical therapist. The proof required here will vary from
one circumstance to the next. This proof will be based on the kind of care that the
patient could have expected if he or she had been under the care of a reasonably
competent physical therapist. In order to prove this component, which demonstrates
that medical negligence was present, a medical expert will often need to testify on
behalf of the plaintiff.

The third component is the proof that the damage experienced by the patient was a
direct result of the medical negligence or a breach of the duty of care.

It must be established that damages and injuries occurred to the plaintiff as a patient.
Examples of injuries may include financial or non-financial injuries as well as punitive
damages. However, it is also sometimes possible to hold other parties liable through
laws related to vicarious liability for the actions a physical therapist committed.

Legal Assistance
Patients who feel they are the victim of malpractice or negligence on the part of a
physical therapist are advised to seek the advice of an experienced medical malpractice
attorney in order to evaluate their claim. Attorneys specializing in this type of law can
help patients obtain the documentation necessary to prove their claim, and represent
them during any and all settlement or court proceedings.