INTRODUCTION TO LEGAL ENVIRONMENT

LAW IS THE CENTRAL THEME OF HUMAN EXISTENCE. Is there a natural law? Purpose of law is to achieve objectives as laid down in different statutes including the constitutionLaw is a command of the sovereign,body of rules recocognised by the courts,a piece of social engineering all rolled into one.above all law is a balancing act.Max of wants with min of frictionRecall Magna carta?

INTRODUCTION TO LEGAL ENVIRONMENT

Ask yourself- Why are Qs in India always broken? Apart from cultural reasons there is an absence of law and an absence of enforcementWhether driving a car, getting married , getting a gift, bequeathing a property , just getting drunk and kicking up a row there is a law behind you-

INTRODUCTION TO LEGAL ENVIORIONMENT

Law-Basic feature of constitution.-Kesavananda Bharathi case-to be passed by a legislature.-also should not violate fundamental rightsNational law-sum total of laws made by the state and its instrumentalitiesScheme of limited government Directive Principles of State Policy in part III and FUNDAMENTAL RIGHTS in part IV of Constitution- Fundamental Rights and Directive Principles- State , Union, and Concurrent Lists International Law-Is it not a weak law? Is International law only a code of conduct?

INTRODUCTION TO LEGAL ENVIRONMENT

International law is the vanishing point of jurisprudence- followed out of courtesy International court of Justice is a body under UNO Article 38 tries to bring some respectability to International laws This article is a direction on how courts should decide casesArticle 38 establishes a functional protocol -Priority is given to Treaty provisions between parties- Otherwise legally building customsScope of international laws is on the increaseCould be due to foreign policy decisions, power politics and the like- Terrorism-Amnesty International, or consensus at WTO, nuclear treaties, immigration laws, role of MNCs

INTRODUCTION TO LEGAL ENVIORIONMENT

In India Court is part of the govt- Administration of justice is their duty-Judiciary governed by Rule of Law Civil and Criminal Law based on nature and principal- Substance of lawCivil law is to some extent based on personal laws- Disputes of marriage, properties, money matters, partnership, accident etc. for criminal cases government takes the initiative to file suits Governed by code of criminal procedure Three tier judiciary-Independent of the other two organs of the state- Executive and legislativeUnique feature of Indian constitution is the distribution of powers between centre and the

INTRODUCTION TO LEGAL ENVIORIONMENT

states- The Supreme court is the apex court- Deals with Civil , Criminal , administrative and service matters- Every state has a High court- Like Supreme court, High court is also a court of record and an appellate court- Below that is the subordinate courts- High court has control over subordinate courts in matters relating to posting , promotion , granting leave etc Subordinate courts can be both Civil and Criminal

INTRODUCTION TO LEGAL ENVIORIONMENT

There are also tribunals like CAT, Industrial tribunal , Labour tribunal etc. Mercantile law evolved from Lex Mercatoria (law merchant ) , Legislation , Common Law and Principles of Equity Mercantile law of England also helped evolve Indian Laws , besides enactments of legislature

INTRODUCTION TO LEGAL ENVIRONMENT

TortsTwisted or crooked malfeasance , misfeasance or nonfeasance Torts vs ContractsContract involves consent In torts, no consent- In contract privity between two parties is required- If your territory is invaded it is a question of torts Contract- Right in personam- And right in rem- In gratuitous acts no contract is

INTRODUCTION TO LEGAL ENVIRONMENT

possibleEven in mental suffering torts can operategeneral conditions- there must be a wrong by a person the wrong must result in injury leading to legal damages called injury-right in rem vs right in personamLaw will provide remedy for every injury UBIM JUS IBI REMEDIUM- So if you are a pedestrian and hit by a car the right to life is a law that comes to your rescue-for every right there is a remedy-injury without damage is actionabledamage without injury is not[

INTRODUCTION TO LEGAL ENVIRONMENT

There can be injuries without damageviolation of legal right not permitting a voter to vote or a customer to withdraw money from the bank- there is damage without injury . All of you have heard of the nuclear treaty with US- treaty between two countriesinternational treaty is difficult to enforce Reliance Retail comes to your town as part of WTO negotiation trade in servicesWhy are traders in UP affected? Full employment peace, standard of living are

INTRODUCTION TO LEGAL ENVIRONMENT

all so much brave talk- No MFNs No special treaties- Free trade and free competition -