legal studies unit 3

• Laws are divided into Civil and Criminal:

  • Criminal Law: Covers acts considered offenses or prohibited by laws, affecting society as a whole with remedies like imprisonment or fines (e.g., theft, murder, rape)
  • Civil Law: Deals with acts not crimes, affecting individuals, with remedies like composition, monetary relief, injunction (e.g., property disputes, divorce)
• Steps to enter into a contract:

  1. Offer

  2. Acceptance

  3. Consideration

  4. Capacity to contract

  5. Consent
• According to the Indian Contract Act of 1872, a contract is an agreement enforceable by law
• Classification of laws based on jurisdiction:

  • International Law:
  • Public International Law: Governs relationships between nations
  • Private International Law: Deals with cases involving foreign elements like marriage or adoption
• Classification of laws based on subject matter:

  • Public Law:
  • Constitutional Law: Structures government power derived from the constitution
  • Administrative Law: Deals with administrative authorities' powers and functions
  • Criminal Law: Defines prohibited acts as offenses with prescribed punishments
  • Private Law:
  • Personal Law: Related to marriage, divorce, and succession
  • Property Law: Ownership of movable and immovable property
  • Law of Obligations: Puts obligations on individuals from enforceable promises
  • Law of Torts: Provides remedies for civil wrongs
• statute law are written laws made by parliament
• Sources of law refer to the origins from where law comes from
• Sources of law mainly comprise of:

  • Legislation: formal sources of law - laws exacted by the state
  • Material sources of law: customs, judicial precedents
• For a custom to be a valid source of law, it must:

  • Be observed for a very long time without any interruption
  • Practice must be supported by the general public and morality
• Can custom be a law?

  • Austin opposed custom as law because it didn't originate from the will of the sovereign
  • Jurists like Savigny consider custom as the main source of law, reflecting the will of the people
• Kinds of customs:

  • Saptapadi is an example of customs as a source of law, involving seven steps in a Hindu marriage ceremony
• Law reforms:

  • The process by which law is adapted and advanced over time in response to changing social norms and priorities
• Recent law reforms in India:

  • RTI (2005): Allows Indian citizens to demand information from any government agency, with penalties for non-compliance
  • Information Technology Act (2000): Provides legal recognition for electronic transactions
• Law commissions in India:

  • Pre-Independent India: First law commission set up in 1834 by Thomas Babington Macaulay, focusing on codification of penal code and criminal procedural code
  • Post-Independent India: First law commission set up by Attorney General Mr. MC Setalvad, with a focus on Fundamental Rights and DPSP's as the basis of social change
• Consumer Protection Act (2019):

  • Allows aggrieved consumers to file complaints about defective goods online without fees
  • Consumers can claim compensation due to manufacturer negligence
  • Producers of spurious goods can face jail or fines
  • Consumers are protected from misleading advertisements
• Cyber law governs computers and the internet, encompassing laws related to cyber crime, electronic and digital signatures, intellectual property, data protection, and privacy
• Cyber crime refers to activities done with criminal intent in cyberspace
• Types of cyber crime include:

  • Cyber crime against a person: cyber stalking, cyber harassment
  • Cyber crime against property: computer trespassing, vandalism, unauthorized possession of computerized information
  • Cyber crime against government: cyber terrorism
  • Cyber bullying: bullying using cyber space and devices like phones, laptops, tablets
  • Doxxing: obtaining a child's personal information through an online game
  • Hacking: when a stranger breaks into a person's computer system without consent and tampers with confidential information
• Cyber security involves protecting information, devices, and computers from unauthorized access, use, disruption, and destruction
• In India, cyber laws are contained in the Information Technology Act, 2000, aiming to provide legal recognition for electronic transactions and facilitate filing electronic records with the Government
• Judicial precedent refers to previously decided judgments of the superior courts, influencing current law decisions
• Types of judicial precedents:

  • Persuasive Precedent: not compulsory or binding, but a judge may consider it
  • Binding Precedent: must be followed by lower courts or all courts