introduction to legal environment

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INTRODUCTION TO LEGAL

ENVIRONMENT

LAW IS THE CENTRAL THEME OF HUMANEXISTENCE.

Is there a natural law?

Purpose of law is to achieve objectives as laiddown in different statutes including theconstitution-

Law is a command of the sovereign,body of rulesrecocognised by the courts,a piece of socialengineering all rolled into one.above all law is abalancing act.Max of wants with min of friction-

Recall Magna carta?


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ENVIRONMENT

Ask yourself- Why are Qs in India always broken?Apart from cultural reasons there is an absenceof law and an absence of enforcement-

Whether driving a car, getting married , getting agift, bequeathing a property , just getting drunkand kicking up a row there is a law behind you-


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ENVIORIONMENT

Law-Basic feature of constitution.-KesavanandaBharathi case-to be passed by a legislature.-alsoshould not violate fundamental rights-

National law-sum total of laws made by the state

and its instrumentalities- Scheme of limited government -

Directive Principles of State Policy in part III andFUNDAMENTAL RIGHTS in part IV of

Constitution- Fundamental Rights and DirectivePrinciples- State , Union, and Concurrent Lists -

International Law-Is it not a weak law? IsInternational law only a code of conduct?


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ENVIRONMENT

International law is the vanishing point ofjurisprudence- followed out of courtesy

International court of Justice is a bodyunder UNO Article 38 tries to bring somerespectability to International laws This articleis a direction on how courts should decide cases-Article 38 establishes a functional protocol --Priority is given to Treaty provisions betweenparties- Otherwise legally building customs-

Scope of international laws is on the increase-Could be due to foreign policy decisions, powerpolitics and the like- Terrorism-AmnestyInternational, or consensus at WTO, nucleartreaties, immigration laws, role of MNCs


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In India Court is part of the govt- Administrationof justice is their duty-Judiciary governed by Ruleof Law Civil and Criminal Law based on natureand principal- Substance of law-

Civil law is to some extent based on personallaws- Disputes of marriage, properties, moneymatters, partnership, accident etc. for criminalcases 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 legislative-Unique feature of Indian constitution is thedistribution of powers between centre and the


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states- The Supreme court is the apex court- Dealswith Civil , Criminal , administrative and servicematters- Every state has a High court- LikeSupreme court, High court is also a court ofrecord and an appellate court- Below that is the

subordinate courts- High court has control oversubordinate courts in matters relating to posting ,promotion , granting leave etc-

Subordinate courts can be both Civil and Criminal


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There are also tribunals like CAT, Industrialtribunal , Labour tribunal etc.

Mercantile law evolved from Lex Mercatoria (lawmerchant ) , Legislation , Common Law andPrinciples of Equity

Mercantile law of England also helped evolveIndian Laws , besides enactments of legislature


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ENVIRONMENT

Torts-

Twisted or crooked malfeasance ,misfeasance or nonfeasance

Torts vs Contracts-Contract involves consent In torts, noconsent- In contract privity between twoparties is required- If your territory is

invaded it is a question of tortsContract- Right in personam- And right inrem- In gratuitous acts no contract is


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ENVIRONMENT

possible-

Even in mental suffering torts can operate-general conditions- there must be a wrong by aperson the wrong must result in injury leading to

legal damages called injury-right in rem vs rightin personam-

Law will provide remedy for every injury UBIMJUS IBI REMEDIUM- So if you are a pedestrianand hit by a car the right to life is a law thatcomes to your rescue-for every right there is aremedy-injury without damage is actionable-damage without injury is not[


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ENVIRONMENT

There can be injuries without damage-violation of legal right not permitting avoter to vote or a customer to withdrawmoney from the bank- there is damage

without injury . All of you have heard of the nuclear treaty

with US- treaty between two countries-international treaty is difficult to enforce Reliance Retail comes to your town as partof WTO negotiation trade in services-Why are traders in UP affected? Fullemployment peace, standard of living are


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ENVIRONMENT

all so much brave talk- No MFNs Nospecial treaties- Free trade and freecompetition -


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introduction to legal environment

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